2015-01-20 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall,
4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at
www.cityofvernon.org.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48
hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable
arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Regular City Council Meeting
Tuesday, January 20, 2015, 9:00 a.m.
Council Chamber
4305 Santa Fe Avenue
Vernon, California
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Richard J. Maisano, Council Member
Luz Martinez, Council Member
Vacant, Council Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is
within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment
on matters which are on the posted agenda during City Council deliberation on those specific matters. If you
would like to comment concerning a matter that is noticed for a public hearing today, please wait until that
hearing is formally opened before making your comment.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards.
December 2014 Anniversary
Employee Name Job Title Years
1. Deborah Juarez Records Management Assistant 25
2. Carlos Gudino Senior Street Maintenance Worker 20
Regular City Council Meeting Agenda
January 20, 2015
Page 2 of 6
2. Presentation of the 2015 Used Oil Calendar Awards to the Vernon Elementary School, and
Sponsor recognition plaques.
3. The California Highway Patrol (CHP) “10851” Grand Theft Auto Recovery Award presentation
recognizing Officer Edward Hernandez.
CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion.
Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be
considered immediately after the Consent Calendar.
Claims Against the City – Received and Filed
4. None
Minutes – To be Received and Filed
5. Minutes of the Regular City Council Meeting held January 6, 2015.
6. Minutes of the Special City Council Meeting held January 8, 2015.
Warrant Registers
7. Approval of City Payroll Warrant Register No. 703, totaling $2,968,905.96, which covers the
period of December 1, through December 31, 2014, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling $1,930,551.78; and
b. Checks and electronic fund transfers totaling $1,038,354.18.
8. Approval of City Warrant Register No. 1416, totaling $1,330,304.83, which covers the period of
December 23, 2014, through January 12, 2015, and consists of the following:
a. Ratification of wire transfers totaling $1,011,906.46; and
b. Ratification of the issuance of early checks totaling $159,262.57; and
c. Authorization to issue pending checks totaling $159,135.80.
9. Approval of Light & Power Warrant Register No. 381, totaling $7,294,678.24, which covers the
period of December 23, 2014, through January 12, 2015, and consists of the following:
a. Ratification of wire transfers totaling $7,025,906.32; and
b. Ratification of the issuance of early checks totaling $243,762.70; and
c. Authorization to issue pending checks totaling $25,009.22.
10. Approval of Gas Warrant Register No. 169, totaling $1,934,155.14, which covers the period of
December 23, 2014, through January 12, 2015, and consists of the following:
Regular City Council Meeting Agenda
January 20, 2015
Page 3 of 6
a. Ratification of the issuance of early checks totaling $1,929,328.64; and
b. Authorization to issue pending checks totaling $4,826.50.
Fire Department
11. Activity Report for the period of December 16 through December 31, 2014, to be received and
filed.
Health and Environmental Control Department
12. December 2014 Monthly Report, to be received and filed.
Human Resources Department
13. Approving and Authorizing the execution of a new At-Will Employment Agreement by and
between the City of Vernon and Zaynah N. Moussa.
Recommendation:
(1) Find that approval of the proposed At-Will Employment Agreement is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment; and
(2) Approve the At-Will Employment Agreement (the “Agreement”) with Zaynah N. Moussa, in
substantially the same form as submitted with the staff report, effective January 20, 2015. The
proposed Agreement is the standard at-will employment agreement form approved by City
Council for other executive positions and includes a few minor updates.
Police Department
14. Activity Log and Statistical Summary of Arrests and Activities for the period of December 16,
through December 31, 2014, to be received and filed.
Public Works, Water and Development Services Department
15. Building Department Report for the month of December 2014, and the Annual Building Report
for 2014, to be received and filed.
16. Bid Award for Contract No. CS-0522 to Furnish and Install One New 300KW Cummins Diesel
Power Generator.
Recommendation:
(1) Find that the proposed project is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15302 (C), because the proposed project consists of the
replacement or reconstruction of existing utility systems and/or facilities involving negligible or
no expansion of capacity; and
(2) Accept the bid from Cora Constructors, Inc., as the lowest responsive and responsible bidder and
enter into a Labor and Materials Contract, in substantially the same form as submitted with the
staff report, for an amount not to exceed $216,418.00, for Contract No. CS-0522 to Furnish and
Regular City Council Meeting Agenda
January 20, 2015
Page 4 of 6
Install One New 300KW Cummins Diesel Power Generator. Furthermore, authorize a
contingency in the amount of $35,000.00 in the event an unexpected changed condition in the
project occurs and grant authority to the City Administrator to issue a change order for an
amount up to the contingency amount.
17. Approve Quitclaim Deed and Fire Lane Easement at 2825 Santa Fe Avenue.
Recommendation:
(1) Find that the Quitclaim Deed and Fire Lane Easement are categorically exempt under the
California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section
15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Accept the Quitclaim Deed and Fire Lane Easement and authorize the Mayor and Deputy City
Clerk to execute said document.
NEW BUSINESS
City Clerk Department
18. A Resolution of the City Council of the City of Vernon Rescinding the Submission of Ballot
Measure N to the Voters of the City of Vernon as part of the General Municipal Election to be
held on April 14, 2015, and Repealing Certain Subsections of Resolution No. 2015-02.
Recommendation:
(1) Find that approval of the resolution is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
(2) Approve the resolution rescinding the submission of ballot Measure N to the voters of the City of
Vernon, which proposed to amend Chapter 3.3 of Article III of the City Charter, as part of the
General Municipal Election to be held on April 14, 2015.
Gas and Electric Department
19. Renewable Portfolio Standard Annual Status Report for Calendar Year 2014.
Recommendation:
(1) Find that the approval requested is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
(2) Receive and acknowledge the annual Renewable Portfolio Standard (“RPS”) Report for Calendar
Year 2014 as presented by the Vernon Gas & Electric Department. This report is for
informational purposes only. There is no fiscal impact.
/ / /
/ / /
Regular City Council Meeting Agenda
January 20, 2015
Page 5 of 6
20. Approve the Usage of a Distinctive Logo for Vernon Gas & Electric.
Recommendation:
(1) Find that the proposed is exempt under the California Environmental Quality Act (“CEQA”) in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that
may have an effect on the environment; and
(2) Approve the implementation of a new logo design for Vernon Gas & Electric (VG&E), created
to identify Vernon’s utility as a unique entity within the City of Vernon municipal service
infrastructure.
Human Resources Department
21. Approval and Authorization to execute a Services Agreement by and between the City of Vernon
and Athens Administrators.
Recommendation:
(1) Find that approval of a services agreement with Athens Administrators to administer the City’s
self-insured workers compensation program is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment.
(2) Approve the services agreement and authorize the City Administrator’s execution of a three (3)
year services agreement, in substantially the same form as submitted with the staff report, with
Athens Administrators to provide third party administration services for the City’s self-insured
workers compensation program.
Public Works, Water and Development Services Department
22. Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region
Integrated Regional Water Management Joint Powers Authority.
Recommendation:
(1) Find that approval of the proposed agreement is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15301 (b), involving existing projects with
negligible or no expansion of use beyond that existing at the lead agency’s determination; and
(2) Approve the attached Subrecipient Agreement between the City of Vernon (“City”) and Los
Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority
(“GWMA”), in substantially the same form as submitted with the staff report, and authorize the
City Administrator to execute the agreement on behalf of the City.
ORAL REPORTS
23. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
24. City Council Reports – brief report on activities, announcements, or directives to staff.
Regular City Council Meeting Agenda
January 20, 2015
Page 6 of 6
NEW BUSINESS (Continued)
25. City Council Determination in the Grievance Appeal Process Regarding the City of Vernon
Firemen’s Association Grievance of Article, Three, Section 7 of the 2012-2014 MOU – Merit Step
Advancement.
Recommendation:
(1) Find that the staff report outlining the background of and staff’s recommendation to deny a
grievance filed by the City of Vernon Firemen’s Association (“VFA”) is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment; and
(2) Deny the grievance filed on behalf of the Vernon Firemen’s Association, and all represented
VFA employees alleging breach of merit salary step provision in applicable 2012-2014
Memorandum of Understanding between the VFA and the City.
CLOSED SESSION
26. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe
Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on
this agenda. Dated this 15th day of January 2015.
By: ________________________________
Ana Barcia
Deputy City Clerk
REGEEVED
JAN 15 2015
CIIY CLERK'S OFFICE STAFF REPORT
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE:
TO:
FROM:
RE:2015 Used Oil Calendar Awards Presentation
RECOMMENDATION:
Presentation of the 2015 Used Oil Calendar Awards to the Vernon Elementary School, and
Sponsor recognition plaques.
BACKGROUND:
On an annual basis our department and our Used Oil consultant conduct a contest for the Vernon
Elementary Fifth Grade students to prepare drawings for the City of Vernon Used Oil Recycling
Calendar. The drawings from twelve students are included on this year's calendar. The Fifth
Grade class, teacher, and the school principal will be in attendance for the awards presentation
for the student participants and winners and Vernon business sponsors. The business sponsors
provide funds for the printing of the calendars, students' trophies and prizes. Following the City
Council's direction, our department has invited to the January 200th, 2015 City Council meeting,
the Fifth Grade class, teacher, and the school principal for an awards presentation for the
students and Vernon Business sponsors.
With the assistance of KJ Services (Kevin and Marianna Sales), we will be presenting at the
January 20th City Council meeting, the following awards to the winners of the 2015 City of
Vernon Used Oil Recycling Calendar Contest:
Honorable Mention Winners - Nicholas Sanchez, Carolina Corvera, Derek lzagrit:e, Angel
Perez, Angela Athena Mitchell, Diana Hernandez Cortes, Ulises Carreon, Denise Lara
Trophy
$100 Target gift card
$70 California Science Center gift certificate
$25 McDonald's gift card
4 tickets for Regal Cinemas
RECEIVED
JAN I 2 2015
CIIY ADMINISTRATIO
January 20,2015
Honorable Mayor and Cify Council
Leonard Grossberg, Director / Health Officer dS
4
n
3rd Prize Winner - Esmeralda Alvarez Garcia
Trophy
$125 Target gift card
$70 Califomia Science Center gift certificate
$25 McDonald's gift card
4 tickets for Regal Cinemas
2ndPrize Winner - Michelle Sanchez
Trophy
$125 Target gift card
$70 California Science Center gift certificate
$25 McDonald's gift card
4 tickets for Regal Cinemas
1st Prize Winner - Yahir Sanchez
Trophy
$125 Target gift card
$70 California Science Center gift certificate
$25 McDonald's gift card
4 tickets for Regal Cinemas
Grand Prize Winner - Evelyn Torres
Trophy
$150 Target gift card
$70 California Science Center gift certificate
$25 McDonald's gift card
4 tickets for Regal Cinemas
We are also recognizing the 5th grade teachers and principal from Vernon City School for their
support of the Used Oil Calendar Program:
Mr. Trujillo $250 Staples Gift Card for Classroom supplies
Mrs. Quon $250 Staples Gift Card for Classroom supplies
Principal Fabiola Hernandez $500 Staples Gift Card for School
In addition, we will be presenting appreciation plaques to the following businesses for supporting
the program and providing the funds for the calendar printing, gifts and trophies:
Printing Sponsor
Baker Commodities
Platinum Sponsor
Farmer John Foods
Gold Sponsors
Asbury Environmental Services
Exide Technologies
ExxonMobil
U.S. Growers Cold Storage
Julie's Closet
Golden West Trading, Inc.
Lubricating Specialties Co.
Hormel Foods Corp.
Silver Sponsors
The Alpert Group
Stategic Materials
Vemon Chamber of Commerce
Bronze Sponsors
Athens Services
Norman, Fox & Co.
FISCAL IMPACT:
None; all costs incurred in this program are covered by generous donations from Vernon
businesses. A grant received for $5,000 from CalRecycle is used to manage the program and is
awarded to our consultant KJServices annually.
9cLG:MyDocs/Z/Used Oil Crants/Used Oil Calendar/ City Council StaffReport 2015s doc
REcEI\flE,D
RECEIVED
JAN 0 I 2015
CITY ADMIN1STRATIONSTAFF REPORT
TO:
FROM:
RE:
January 20,2015
Honorable Mayor and Counci! Memberc
Daniel Calleros, Ghief of Police L
10851 Grand Theft Auto Award Presentation
Recommendation
The Police Department in conjunction with a representative from the California Highway
Patrol (CHP) will conduct an award presentation for the recipient of the CHP '10851'
Grand Theft Auto Recovery Award.
Background
The 10851 Grand Theft Auto Award is named after the California Vehicle Code section
relating to the theft of motor vehicles. The award is sponsored by the CHP and
recognizes police officers throughout California who have been proactive in recovering
stolen vehicles and apprehending criminals specifically involved in auto theft.
The 10851 pin is given to uniform officers who, during a 12-month period, have
achieved any of the following criteria:
1. Made six separate theft recoveries cleared by arrests.
2. Recovertwelve (12) stolen vehicles, of which a minimum of three must be
cleared by arrests.
Vernon Police Officer Edward Hernandez (1"'award) has achieved this benchmark.
Fiscal Impact
There is no fiscal impact to the City general budget.
CWCLERKSOTTIC ERNON POLICE DEPARTMENT
JAN t 5 2015
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JANUARY 6, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez
MEMBERS ABSENT: None
The meeting was called to order at 9:01 a.m. by Mayor McCormick; Fire Chief Michael Wilson
led the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. The public will also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
Public comment concerning a matter that is noticed for a public meeting should wait until that
hearing is formally opened.
No one responded.
PUBLIC HEARINGS
1. Public comment on the establishment of Vernon’s revised new Existing
Transmission Contract Adjustment for high voltage (over 200 kV) transmission
entitlements (all locations outside the City) pursuant to Vernon’s Transmission
Owner Tariff.
Resolution No. 2015-01 - A Resolution of the City Council of the City of Vernon
adopting a revised new Transmission Revenue Requirement for 2015 in
accordance with Vernon’s Transmission Owner Tariff and providing for tariff
sheet changes to implement the adjustment.
Recommendation:
(1) Find that the approvals requested are exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment;
and
(2) Approve the Resolution to thereby:
a. Approve, pursuant to the Transmission Owner Tariff, and to be effective on
January 1, 2015, the establishment of the City’s new revised Transmission
Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing
the revised new TRR, as described in the Gas & Electric TRR Report dated on
or about January 6, 2015; and
b. Authorize outside counsel to submit the City’s TRR, the amended Appendix I
to the Vernon TO Tariff, and supporting documentation such as the revised
TRR Report, to the Federal Energy Regulatory Commission (FERC) on behalf
of the City of Vernon.
Director of Gas and Electric Carlos Fandino provided the oral report on the proposed
recommendation. Council had no questions of staff.
At 9:03 a.m., Mayor McCormick opened the hearing for public comment. With no comment
from the public, at 9:04 a.m. the hearing was closed.
Regular City Council Meeting Minutes
January 6, 2015
Page 2 of 6
It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-01. Motion
carried, 4-0.
CONSENT CALENDAR
It was moved by Martinez and seconded by Davis to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 4-0.
Claims Against the City – Received and Filed
2. None
Minutes – To be Received and Filed
3. Minutes of the Special City Council Meeting held December 9, 2014.
4. Minutes of the Regular City Council Meeting held December 16, 2014.
5. Minutes of the Adjourned Regular City Council Meeting held December 22, 2014.
Warrant Registers
6. Approval of City Warrant Register No. 1415, totaling $1,153,259.05, which covers
the period of December 9, through December 22, 2014 and consists of the
following:
a. Ratification of wire transfers totaling $602,959.68; and
b. Ratification of the issuance of early checks totaling $339,327.79; and
c. Authorization to issue pending checks totaling $210,971.58.
7. Approval of Light & Power Warrant Register No. 380, totaling $1,167,734.71,
which covers the period of December 9, through December 22, 2014 and consists of
the following:
a. Ratification of wire transfers totaling $1,092,283.82; and
b. Ratification of the issuance of early checks totaling $75,450.89.
8. Approval of Gas Warrant Register No. 168, totaling $10,575.88, which covers the
period of December 9, through December 22, 2014 and consists of the following:
a. Ratification of the issuance of early checks totaling $10,575.88.
Fire Department
9. Activity Report for the period of November 16, through November 30, 2014, to be
received and filed.
10. Activity Report for the period of December 1, through December 15, 2014, to be
received and filed.
Police Department
11. Activity Log and Statistical Summary of Arrests and Activities for the period of
December 1, through December 15, 2014, to be received and filed.
12. Authorize the Police Chief to execute an agreement with the Drug Enforcement
Administration (DEA), for continued participation in the Southwest Border
Initiative (SWBI) taskforce.
Regular City Council Meeting Minutes
January 6, 2015
Page 3 of 6
Recommendation:
(1) Find that the proposed agreement with the Drug Enforcement Administration for
continued participation in the Southwest Border Initiative (“SWBI”) taskforce is
exempt under the California Environmental Quality Act (“CEQA”). In
accordance with Section 15061(b) (3), the general rule is that CEQA only applies
to projects that may have an effect on the environment.
(2) Authorize the Police Chief to execute an agreement with the Drug Enforcement
Administration (“DEA”), in substantially the same form as submitted with the
staff report, for continued participation in the Southwest Border Initiative (SWBI)
taskforce.
NEW BUSINESS
City Administration Department
13. Appointment to the Vacant Real Estate Seat on the Vernon Business and Industry
Commission.
Recommendation:
(1) Find that the appointment of individuals to serve on the Vernon Business and
Industry Commission is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment.
(2) Appoint one individual to fill the vacant Real Estate seat on the Vernon Business
and Industry Commission.
Deputy City Administrator Kristen Enomoto reported on the vacancy and potential candidates to
fill the vacant seat. Mayor McCormick recommended Ken Jackson to fill the vacant Real Estate
seat.
With no other recommendations, it was moved by Davis and seconded by Maisano to appoint
Ken Jackson to the Vernon Business and Industry Commission. Motion carried, 4-0.
City Clerk Department
14. Resolution No. 2015-02 - A Resolution of the City Council of the City of Vernon
ordering that measures to amend the City Charter amending chapters 3.3 and 3.7
Of Article III and chapter 7.4 of Article VII be submitted to the voters of the City
at the April 14, 2015, General Municipal Election.
Recommendation:
(1) Find that approval of the resolution is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment, as
the proposed is administrative in nature; and
(2) Approve the resolution providing ballot measures to the voters of the City as part
of the general municipal election to be held on April 14, 2015.
Deputy City Clerk Ana Barcia provided the oral report on the proposed. Barcia noted that
pursuant to California Election Code, the anticipated measure establishing additional
compensation for the Mayor as referenced in Resolution No. 2014-74, will need to be addressed
at a statewide general election.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-02. Motion
carried, 4-0.
Public Works, Water and Development Services Department
15. Proposed Street Vacation for a Portion of Ayers Avenue South of Bandini
Boulevard.
Regular City Council Meeting Minutes
January 6, 2015
Page 4 of 6
Recommendation:
(1) Find that the proposed street vacation is not subject to the provisions of the
California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines
Section 15061(b)(3), where there is no possibility that this activity may have a
significant effect on the environment, and where the proposed street vacation is
categorically exempt from review pursuant to CEQA Guidelines Section 15305,
Minor Alterations in Land Use Limitations; and
(2) Find that the proposed street vacation of a portion of Ayers Avenue is in
conformity with the General Plan and authorize the Public Works, Water &
Development Services Department to proceed with vacation procedures in
accordance with Division 9 of the Streets and Highways Code, otherwise known
as the Public Streets, Highway and Service Easements Vacation Law for a portion
of Ayers Avenue and set a hearing for such matter on February 3, 2015.
Director of Public Works, Water and Development Services Kevin Wilson presented on the
recommendation. In response to Mayor Pro-Tem Davis, Wilson reported on the portion’s
dimensions.
It was moved by Maisano and seconded by Martinez to authorize the vacation of a portion of
Ayers Avenue. Motion carried, 4-0.
16. Approval of a Notice Inviting Bids per Contract CS-0525 for the Purchase of Well
Pump Equipment for Production Well No. 19.
Recommendation:
(1) Find that approval of the proposed Notice Inviting Bids is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section
15301 (b), involving existing projects with negligible or no expansion of use
beyond that existing at the lead agency’s determination; and
(2) Approve the Notice Inviting Bids, per Contract CS-0525 for the Purchase of Well
Pump Equipment for Production Well No. 19.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
needed repairs and request to bid the purchase of the equipment.
It was moved by Davis and seconded by Maisano to approve the notice inviting bids per Contract
CS-0525. Motion carried, 4-0.
17. Amendment No. 1 to the existing Labor and Materials Contract between the City
of Vernon and Haul-Away Rubbish Services Company, Inc., for Refuse Collection,
Recycling, and Disposal Services, Contract No. CS-0448.
Recommendation:
(1) Find that the approval of Amendment No. 1 proposed in this staff report, is
exempt under the California Environmental Quality Act (CEQA) in accordance
with (a) CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment and (b) Guidelines
Section 15301, because the proposed Amendment No. 1 involves the maintenance
of existing facilities with no expansion of the existing use; and
(2) Approve Amendment No. 1 to the existing Labor and Materials Contract between
the City of Vernon and Haul-Away Rubbish Service Company, Inc., for Refuse
Collection, Recycling and Disposal Services, Contract No. CS-0448 to increase
the total compensation an additional $732.00 per each fiscal year in order to add
two trash carts at 4990 Seville Avenue, in Vernon: one (1) three (3) yard bin,
regular trash, to be disposed of one (1) time per week and one (1) three (3) yard
bin, recycle, to be disposed of one (1) time per week.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
proposed amendment to the service agreement.
Regular City Council Meeting Minutes
January 6, 2015
Page 5 of 6
It was moved by Martinez and seconded by Davis to approve Amendment No. 1 to the Haul-
Away Rubbish Services Company, Inc. refuse collection, recycling, and disposal services
agreement, Contract No. CS-0448. Motion carried, 4-0.
OLD BUSINESS
Human Resources Department
18. Ratification of the At-Will Employment Agreement by and between the City of
Vernon and Mark C. Whitworth.
Recommendation:
(1) Find that ratification of the resolution approving a new At-Will Employment
Agreement with Mark Whitworth is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment;
and
(2) Ratify the approval of the At-Will Employment Agreement by and between the
City of Vernon and Mark C. Whitworth, effective January 1, 2015, to continue
serving as the City Administrator (Resolution No. 2014-75)
City Administrator Mark Whitworth recused himself from the meeting and exited the Council
Chamber.
Director of Human Resources Teresa McAllister reported on the item.
It was moved by Maisano and seconded by Davis to ratify the approval of Resolution No. 2014-
75. Motion carried, 4-0.
Whitworth reentered the meeting and Council Chamber.
ORAL REPORTS
19. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
20. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on recent incidents in the City and the result of a DUI
checkpoint on New Year’s Eve.
Police Captain Michael Gillman reported on a reckless driving incident that resulted in damage
to public property. Mayor McCormick reported vandalism observed in the City.
Fire Chief Michael Wilson reported on the Fire Department’s activity including equipment
testing and inspections. He reported on the Spark of Love’s, toy drive, success. Wilson
announced upcoming inspections and staff training.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on various capital improvement projects.
Director of Gas and Electric Carlos Fandino reported on two power pole incidents. Fandino
noted the Governor’s intent to increase renewable portfolio standards (“RPS”) in upcoming
years. An update on the RPS enforcement penalties was provided. Fandino advised on an
upcoming change to the bio-methane supplier contract; no loss in delivery or change in budget is
anticipated.
Finance Director William Fox provided an update on the city’s bond refunding process. He
advised that information will be shared once further refinement is done.
Regular City Council Meeting Minutes
January 6, 2015
Page 6 of 6
Director of Human Resources Teresa McAllister reported on upcoming employee, professional,
development training. She noted that the employee holiday event was well received.
Senior Advisor to the City Administrator Fred MacFarlane reported on the recent issue of the
Vernon Quarterly.
City Administrator Mark Whitworth announced that the final interviews for the City Clerk
position are scheduled for Thursday, January 8, 2015. Whitworth provided an update on the
Vernon CommUNITY Fund grant recipients.
Mayor McCormick advised that he will be attending a meeting with Mayor Garcetti of Los
Angeles along with other Mayors.
CLOSED SESSION
With no public comment on the closed session items, at 9:42 a.m., it was moved by Davis and
seconded by Martinez to enter into closed session to discuss the agendized item.
21. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
At 9:47 a.m., it was moved by Davis and seconded by Martinez to exit closed session. City
Attorney Hema Patel reported that the City Council affirmed the arbitrator’s written decision.
At 9:47 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD THURSDAY, JANUARY 8, 2015, IN
CONFERENCE ROOM NO. 4, THIRD FLOOR OF CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez
MEMBERS ABSENT: None
The meeting was called to order at 7:47 a.m. by Mayor McCormick.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council on any matter on the posted
agenda.
No one responded.
CLOSED SESSION
With no public comment on the closed session items, at 7:47 a.m., it was moved by Maisano and
seconded by Davis to enter into closed session to discuss the agendized item.
1. PUBLIC EMPLOYMENT
Government Code Section 54957 (b)(1)
Title: City Clerk
At 9:50 a.m., it was moved by Maisano and seconded by Davis to exit closed session. Deputy
City Administrator Kristen Enomoto reported that the City Council met in closed session
regarding one matter of public employment related to the City Clerk position and directed staff
to make the offer of employment for the position of City Clerk to candidate “A.” If the offer is
rejected by candidate “A,” staff was directed to conduct another recruitment.
At 9:52 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
RECEIVED
JAN I q 2015
CITY ADMINISTRATION
RECEgVED
JAN I 5 2015
CITY CTERl{'S OFFICE
DATE:
TO:
FROM:
RE:
STAFF REPORT
FI NANC E/TREASU RY DE PARTM ENT
January 12,2015
Honorable Mayor and City Council
William Fox, Finance Direc torW
Light & Power Warrant Register for City Council Agenda of January 20,2015
It is recommended that the attached Light & Power Warrant Register No. 381 be approved at the City Council
meeting of January 20,2015.
Light & Power Warrant Register No. 381 totals $7,294,678.24, and covers claims and demands presented during
the period of December 23,2014 through January 12,2015, drawn, or to be drawn, from East West Bank.
The following list details the components of Light & Power Warrant Register No. 381:
1. Ratification of wire transfers totaling $7,025,906.32;
2. Ratification of the issuance of early checks totaling $243,762.70; and
3. Authorization to issue pending checks totaling $25,0O9.22.
LIGHT & POWER
WARRANT REGISTER NO. 381
JANUARY 20,2015
I hereby certify that claims and/or demands included in above listed warrant
register have been audited for accuracy and availability of funds for
payments and that said claims and/or demands are accurate and that the
funds are available for payments thereof.
This is to certify that the claims or demands covered by the above listed
warrants have been audited by the City Council of the City of Vernon and
that all of said warrants are approved for payments except Warrant
Numbers:
William Fox
Finance Director
Date:
P tinled: 1 I 1 21201 5 3:36:07PM Page 2 ol 11
LIGHT & POWER
WARMNT REGISTER NO. 381
JANUARY 20, 2015
WIRES
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION
MORGAN STANLEY CAP GROUP 055.9200,500150 33,1OO,OO ENERGY PURCH 11114-
tNc.
NEVADA POWER COMPANY 055.9200.500150 16,500.00 ENERGY PURCH'I1/14-
POWEREX CORP.055 9200.500'150 ',t,734361 U ENERGY PURCH IST-11/14- 50585487
DATE WIRE
INVOICE P.O.# ISSUED NUMBER AMOUNT
13087461
46815
12t2212014
12t22t2014
5736
33,'100.00
5737
16,500.00
5738
12t',1912014 1,734,361.34
5739
5739
5739
12119120',t4 2,293,319 23
12t22t2014
5740
31,014.50
5741
5741
1212212014 402,250 05
5742
12122t2014 210.870.00
BICENT (CALIFORNIA) MALBURG 055.9200.500150 277,312.52 Energy Related Payment
055.9200.500'182 2,0'17,517.4O Capacity Payment
055.9200.500'150 -1,510.69 FuelBurden
BIOFUELGENERATIONSERVICE 055.9200.500162 31,014.50 Biomethane
LLC
ELEMENT MARKETS RENEWABLE 055.9200.500162 6,071.30 Gas Purchase
055.9200.500162 396,178.75 GasPurchase
ELEMENT MARKETS RENEWABLE 055.9200.500162 210,870.00 Gas Purchase
U.S. DEPARTMENT OF ENERGY 055.9200.500150 28,663.84 Energy Purchase
055.9200.500180 15,113.33 EnergyPurchase
055.151000 -43,355.63 Energy Purchase
Pdntedt 1/122015 3:36:07PM
't1201401
1'120'1401
11201401
RPS112014
590194Revised
590202Revised
590203
GG17664'1114
GG176641114
GG176641114
5743
5743
5743
Page 3 of 11
LIGHT & POWER
WARRANT REGISTER NO. 381
JANUARY 20, 2015
WIRES
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
DATE wlRE
ISSUEO NUMBER AMOUNT
CALIFORNIA ISO 055.9200 500150
055.9200.500150
055.9200.450340
055.9200.500170
055.9200.500190
055.9200.500150
055.9200.500210
055 9200 500240
055 9200 500'170
055.9200 500190
055.9200.500210
055.9200 500't50
055.9200.500150
055.9200.500170
lnitial Charges 12l'14
Revised Charges 11l14
Revised Charges 11/14
Revised Charges 11l14
Revised Charges '11114
Revised Charges 11/14
Revised Charges '11114
Revised Charges 11/14
Revised Charges'11/14
Revised Charges 11l'14
Revised Charges 11/14
Revised Charges 11l'14
lnitial Charges 12l14
lnitial Charges 12l14
201412163128889
JJI
201412163128889
JJI
201412',t63128889
201412163128889
350
20't412163128889
350
201412163128889
350
20141216312A889
350
201412163128889
350
201412163128889
350
201412163',t28889
350
2014',t2163128889
350
201412163128889
350
201412163128889
350
201412163128889
350
8.49
-1.28
1,432 19
-2,587.94
-53.28
2p20.34
8.00
1,295.07
-9,446.87
-61.92
-198.96
-35,782.89
70,842.67
'l,366.7'1
12122t2014 421.54
5744
5744
5744
5744
5744
5744
5744
5744
5744
5744
5744
5744
5744
5744
Pnnted: 1/1212015 3 36 07Pl{Page 4 of 11
LIGHT & POWER
WARRANT REGISTER NO. 381
JANUARY 20, 2015
WIRES
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.f
DATE WIRE
ISSUED NUMBER AMOUNT
CALIFORNIA ISO
DEPT. OF WATER & POWER LA
CANTON RENEWABLES, LLC
SCPPA
CALIFORNIA ISO
055 9200.500190
055 9200.500210
055.9200.500170
055.9200.500260
055 9200.500162
055.9200.500180
055.9200.500150
055.9200.500180
055.9200 500180
055.8100.596200
055 9000.596200
055.9200.500170
055.9200 500210
055 9200 500150
055.9200.500190
446.89
17,004.81
21,470.OO
575.00
303,30'1.35
249,165.00
70,155.00
8,932.41
10,000.00
20,640.00
10,933.00
-3,252.73
-12.40
4,383.17
237 .52
201412163128889
350
201412163128889
350
GA183041
GA183041
cRt10000083
PV1214
PV12',t 4
PV1214
PV1214
PV',t214
PV1214
201412233128933
857
201412233124933
201412233128933
457
201412233128933
457
12t22n014
12t2412014
12t22t2014
1212612014
57 44
5744
47 ,192.03
5745
5745
22,445.OO
5746
303,301.35
57 47
57 47
57 47
5747
5747
5747
369,825.41
5748
5748
5748
5748
lnitial Charges 12l14
lnitial Charges 12114
Energy Transmission
Energy Transmission
Natural Gas
Minimum Cost
Variable Cost
Legislative Cost
PSF Cost
PSF Cost
PSF Cost
Revised Charges 12l14
Revised Charges 12l14
Revised Charges 12l14
Revised Charges'12/14
Pnnted: 1/12,2015 3 36 07PM Page 5 of 11
LIGHT & POWER
WARMNT REGISTER NO. 381
JANUARY 20, 20,I5
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION rNvorcE P.O.#
DATE WIRE
ISSUED NUMBER AMOUNT
CALIFORNIA ISO
PETRELLI ELECTRIC INC
ICE US OTC COMMODITY
MARKETS,
ICE TRADE VAULT LLC
SOUTHERN CALIFORNIA EDISON
Printed: 1/1212015 3:36 07PM
055.9200.500150
055.9200.500'170
055.9200.500190
055.9200.500210
055 9200 500'170
055.9200 500150
055.9200.500190
055.9200 500210
055.200400
055.200400
055 9200.596200
05s.9200 596200
055.9200.500170
-2,67 4.35
6,556.57
125.21
725.32
-2,678 66
134,000.92
4a6.70
16,488.73
Revised Charges 09/14
Revised Charges 09/'14
Revised Charges 09/'14
Revised Charges 09/14
lnitial Charges 1214
lnitial Charges 12l14
lnitial Charges 12l'14
lnitial Charges 12l14
201412233128933
857
201412233128933
201412233128933
457
201412233128933
857
201412233128933
857
20't412233128933
857
201412233128933
457
2014',t2233128933
857
14929
14930
1'114001688088
TV14923
7500445477
5748
5748
5748
5748
5748
5748
5748
5748
'154,386.00
5749
5749
967,373.32
5750
1,200.00
5751
375.00
5752
12t30t2014
403,739.10 Electric Service Maintenance
563,634.22 Electric Service Maintenance
1 ,200.00 OTC Commission Adjustment
12130t2014
12t3012014
12130t2014
375.00
102,440.00
Trade Vault
Mead-Laguna Bell
Page 6 of '11
LIGHT & POWER
WARRANT REGISTER NO. 381
JANUARY 20,2015
WIRES
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
SOUTHERNCALIFORNIAEDISON 055.9200.500170 43,340.00 Victorville-Lugo
055.9200.500170 24,669.00 LagunaBell
CALIFORNIA POWER EXCHANGE 055.9200.500210 8,561.07 Windup Fees
CORP
BTCENT (CALIFORNIA) HOOVER 055.9200.500150 -9,694.81 Energy Price Difference
LLC
055.9200.500180 232,632.06 Capacity Price Difference
055.9200.500180 43,355.63 ActualMonthlyUprating
055.9200.500150 -7,331.4O CES Costs
DATE WIRE
INVOICE P.O.# ISSUED NUMBER AMOUNT
750048551 0
750048551 1
2022100
cFD11201401
cFD11201401
cFD11201401
cFD11201401
5752
5752
12t31t2014 170,449.00
5753
0110212015 8,561.07
5754
5754
5754
5754
01/05 01 5 258,961 .48
TOTAL WTRES $ 7,025,906.32
Ptinled: 1 I 1212015 3:36:07PM Page 7 of 11
LIGHT & POWER
WARRANT REGISTER NO. 381
JANUARY 20, 2015
EARLY CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION
DATE CHECKINVOICE P.O.f ISSUED NUMBER AMOUNT
CURRENTWHOLESALEELECTRIC 055.8000.590000'1,473.14 Electricalparts-
055.8000.590000 350.33Electricalparts-
055.8400.590000 74.12 Electrical parls-
MAYWOOD CAR WASH 055 8100.570000 42 00 Full Service Car Wash -
OPEN ACCESS TECHNOLOGY lNC. 055 9200.596200 620.92 ETS Tagging Services-
055.8000.590000 61.83 Delivery Services
111 014vrs 055.0002189
111 o'l4vrs 055 0002'189
111014vrs 055.0002'189
564 055.0002191
107640 055.0002205
933312494
12t30t20't4
12t30DO14
1213012014
1213012014
o't06t20't5
51',t175
s',t1',t75
51',t',t75
1,897.59
511176
42.OO
511177
620.92
511178
61 83
511179
33,800 00
511180
511180
2,258.48
5',11181
511181
o11o6t2015 42,435.88
5'11182
o1to6t2015 130,100.00
UPS
APPLIED METERING
TECHNOLOGIES,
NIC AVOY & MARKHAIVI
055.9100.900000 33,800 00 CAISO RIG Replacement Project 5061
055.120010 2,072.00 Meter, Part#= E37-0501, Model = 14496
055.120010 186.48 Sales Tax
PETRELLI ELECTRIC lNC. 055.120010 38,932.00 7KV 900KVAR Switched Capacilor Bank- '14948
055 0002230
o't to6t2015
055.120010 3.503.88 Sales Tax
PREFERRED FREEZER SERVICES 055 7200.596702 '130,100.00 Public Benefits Program
14948
121614
P nted 1/1212015 3136 07PM
055 0002231
Page 8 oI 11
LIGHT & POWER
WARRANT REGISTER NO. 381
JANUARY 20, 2015
EARLY CHECKS
ACCOUNT
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
COUNTY SANITATION DISTRICTS 055.9200.500154 27,2OO.OO Renewable Energy Credits 7905 511183
o1to812015 27,200.00
OPERATION TECHNOLOGY, lNC. 055.9100.900000 5,346.00 Upgrade & User Support 334071N 511184
o1loal2015 5,346.00
TOTAL EARLY CHECKS $ 243,762.70
Printed 1/1212015 3 36 07PM Page I ol 1'l
LIGHT & POWER
WARRANT REGISTER NO. 381
JANUARY 20,2015
PR!NTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOTCE P.O.#
CHECK
NUMBER AMOUNT
ASBURY ENVIRONMENTAL 055.8400.590000 422.36 Drums
SERVICES
DEWEY PEST CONTROL 055.8400.590000 122.OO Pest Control Services
HYDRAFIL, INC.055.8200.596200 1,048.84 FilterElement
055.8200.596200 27.96 Freight
POWER CONSULTANTS lNC. PORT 055.9000.900000 1,890.00 Contract Services
CA
055.9000.596200 18,208.06 ContractServices
V-BAR, LLC 055.9000.900000 3,290.00 Meteorological Data Collection 1411
1 30468673
901 81 31
64485 055.0002233
64485 055.0002233
VERNPVHDecI4
VERNPVHDecI4
511185
422.36
511186
122.OO
511187
511187
1,076.80
511188
511188
20,098.06
511189
3,290.00
TOTAL PRINTED CHECKS $ 25,009.22
P(inled: 1 I 1 21201 5 3:36:07PM Page '10 of 1 1
LIGHT & POWER
WARRANT REGISTER NO. 381
JANUARY 20,2015
RECAP BY FUND
EARLY PRINTED
WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL
os5-LTGHT&POWER $ 7,025,906.32 $ 243,762.70 $ 25,009.22 $ 7,294,678-24
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED 5
$ 2,025,906.32 $ 243,762.70 $ 25,009.22 $ 2,294,678.24
Ptinted: I I 1212015 3:36:07PM Page 11 of 11
RECE! ED
JAN l5 2015
CITY CLERt('S OFFICE
RECEIVED
JAN r 5 20t5
STRATION
STAFF REPORT
HUMAN RESOURCES
CITY AD
DATE:
TO:
F'ROM:
RE:
January 20,2015
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resources grf$J
APPROVING AND AUTHORIZING THE EXECUTION OF'A NEW AT.
WILL EMPLOYMENT AGREEMENT BY AND BETWEEN TIIE CITY
OF YERNON AND ZAYNAH N. MOUSSA
Recommendations
It is recommended that the City Council:
1) Find that approval of the proposed At-Will Employment Agreement is exempt under the
California Environmental Quality Act (CEQA) in accordance with Section 15061(bX3),
the general rule that CEQA only applies to projects that may have an effect on the
environment.
Approve the At-Will Employment Agreement (the "Agreement") with Zaynatr N.
Moussa, in substantially the same form as submitted herewith, effective January 20,
2015. The proposed Agreement is the standard at-will employment agreement form
approved by City Council for other executive positions and includes a few minor updates.
Backsround
In late 2012, in line with the Crty's good governance reforms, a standard at-will employment
agreement was developed by the City Attomey's Office and approved by the City Council on
May 7,2013, to be used for City Executive positions. Ms. Moussa was hired as the Deputy City
Attorney on March 18, 2013. On October 1,2014, the City Council approved the designation of
the Deputy City Attorney classification to serye as an at-will position.
This staff report recommends the approval of an At-Will Employment Agreement with Ms.
Moussa effective January 20, 2015, using the standard at-will employment agreement form
approved by City Council for other executive positions, with a few minor updates. The
agreement is consistent with terms and conditions offered to other management classifications.
1
An updated form agreement, identiffing the minor changes proposed, will be presented to City
Council for adoption at the next meeting.
The annual salary of $132,444 is consistent with the Citywide fringe benefit and salary
resolution no.2014-74 adopted by Crty Council on December 16, 2014.
Fiscal Impact
There is no direct fiscal impact associated with the implementation of the proposed employment
agreement. All salary and fringe benefit costs remain the same at approximately $170,476
annually, and said costs are included in the 2014-2015 fiscal year budget. Under the proposed
agreement, Ms. Moussa would be entitled to severance pay equal to six months of base salary
(approximately $66,222) if terminated under certain conditions.
2
AT.WILL EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF VERNON AND
ZAYNAH N. MOUSSA
THIS AGREEMENT is between the City of Vernon ("City") and Zaynah N. Moussa
("Employee").
Recitals
City desires to employ Employee as an at-will employee in the position of Deputy City
Attorney. Employee desires to be the Deputy City Attorney and acknowledges that such
employment is at-will.
The City Attorney, pursuant to the authority granted by the City of Vernon Charter and
City Council, agrees to hire employee, as an at-will employee, subject to the terms and
conditions identified below.
AGREEMENT
Section 1 :
The effective date of this Agreement shall be January 20,2015. Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, and with or without notice, at any time
by the City Attorney. Employee may resign with thirty (30) days advance notice as set forth in
Section 9 below.
Section 2: DUTIES
A. City engages Employee as the Deputy City Attorney to perform the functions and
duties specified in the job description for the position (Attachment'A", incorporated herein by
this reference), as the same may be modified by the City Attorney, from time to time, and to
perform such other legally permissible and proper duties and functions as the City Attorney
shall, from time to time, assign.
B. Employee agrees that to the best of her ability and experience that she will at all
times conscientiously perform the duties and obligations required, either express or implied, by
the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of
Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Attorney, and devote
whatever time is necessary to fulfill the employment responsibilities and duties as identified in
this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of her duties,
she will obtain information from City employees and third parties that is of a confidential nature.
Employee agrees that she will not disclose such confidential information other than to officers
and employees of the City who have been authorized to have access to such information.
Employee further agrees that if she has a question as to the confidentiality of information
obtained in the course of her employment she will contact the City Attorney for advice.
Section 3: EXGLUSIVE EMPLOYMENT
Employee agrees to focus her professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the City Attorney. This does not preclude Employee from
volunteering her services to other entities or individuals as long as such volunteer services are
not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base salary of no less than $132,444, per year, payable in twenty-six (26) biweekly
installments at the same time as other employees of the City are paid and subject to customary
withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term
of this Agreement shall be at the sole discretion of the City Attorney's evaluation of Employee's
job performance and within the base salary range established by the City Council or as
otherwise approved by the City Council. Any and all adjustments shall be in accordance with
City personnel policies and procedures. Employee's salary shall be reflected in the City's
publicly available salary schedule.
Section 5: BENEFITS
A. Retirement
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes the 2.7o/o @ 55
benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for
"new" miscellaneous employees. The employee pays for the employee contribution to PERS.
B. Other Management benefits
Employee shall receive all benefits specified by the then cunent Resolutions of the City
Council of Vernon for Management Staff, including, without limitation, those related to Vacation,
Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life lnsurance,
Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other
types of leave in accordance with the Personnel Policies and Procedures Manual.
Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Attorney and may be terminated at any time, without cause, subject to the conditions of
paragraphs B and C of this section.
2
F.
ln the event that Employee is terminated by the City Attorney for reasons other than
physical or mental incapacity, and other than those reasons noted in E, below, the
City agrees to pay the employee a severance package equal to six (6) months of
base salary.
To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of her obligations under this Agreement and shall sign
acknowledgment and release of claims against the City. Such acknowledgement
and release appears as Attachment '8" to this Agreement.
All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the acknowledgement and release of claims against the City.
Notwithstanding paragraphs A, B and C, above, if Employee voluntarily resigns or
retires, or is terminated due to insubordination, incapacity, dereliction of duty,
addiction to a controlled substance or alcohol, conviction of a crime involving moral
turpitude or involving personal gain to her or abuse of her office or position or any
felony or for a breach of this Agreement, City shall have no obligation to pay any
severance provided in this section. Furthermore, Employee agrees that any
severance provided shall be fully reimbursed to the City if the Employee is convicted
of a crime involving an abuse of her office or position.
Upon termination, Employee shall be paid for all earned, but unused, vacation time.
SectionT: COMPENSATION LIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of her office or position.
lf Employee is provided funds for any legal criminal defense during her employment with
the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of her office or position.
lf this Agreement is terminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 7,
paragraph B, above.
Section 9: DISABILITY
lf Employee is permanently disabled or otherwise unable to perform her duties because
of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days
beyond any earned sick leave, City shall have the option to terminate this Agreement; however,
the City's option to terminate under this Section shall be limited by its obligation to engage in the
B.
c.
D.
E.
interactive process for reasonable accommodations and to provide reasonable accommodations
as required by law. Nothing in this Section shall be construed to limit or restrict Employee's
benefits or rights under workers' compensation or the Public Employees Retirement System
("PERS") and
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 7 of this Agreement.
In cases of disability, Employee shall be compensated for any earned, but unused,
vacation leave.
Section '10: GENERAL PROVISIONS
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY:City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE'. Zaynah N. Moussa
'1948 Anaheim Ave.
Costa Mesa, C492627
B. Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City and approved as to form by the City Attorney.
C. Assignment
This Agreement is not assignable by either the City or Employee.
D. Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effective on January 20, 2015.
[Signatures Begin on Next Page].
5
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed in its behalf by its City Attorney, and executed by the Employee.
City of Vernon, a Califomia charter City and
California municipal corporation
Dated:
Hema Patel, City Attorney
ATTEST:
Ana Barcia, Deputy City Clerk
Approved as to form:
Hema Patel, City Attorney
o
ln signing this Agreement, Employee understands and agrees that her employment status is
that of an at-will employee and that her rights to employment with the City are governed by the
terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of
the City of Vernon which might otheMise apply to employees of the City. Employee further
acknowledges that she was given the opportunity to consult with an attorney prior to signing this
Agreement.
Signed:
Dated:
Zaynah N. Moussa
7
JOB DESCRIPTION
Deputy City Attorney
Date Prepared: March 2014 Class Code: 1115
SUMMARY: Under general supervision of and direction by the City Attomey, acts as legal advisor to the
Mayor and Council, City Administrator, and department directors on civil law issues; provides legal opinions
and strategy, minimizes risk and liability, researches and manages legal issues, and represents the City in
administrative proceedings and legal actions.
ESSENTIAL FUNCTIONS: - Essential functions, as defined undet the Ameicans with Disabilities Act, may inctude any of the following
representative duties, knowledge, and skills. This is not a comprehensive listing of allfunctans and duties pefomed by incumbents of this c/ass;
emplopes may be assigned ddies which arc not lisled below; reasonable accommodations will be made as requied. The job desciption does not
constitde an employment ayeement and is subject to change at any time by the employer. Esserf,a/ ddrbs ard rc sponsibilities nay include, but are
not limited to, the following. Under diedbn ol the City Attoney.
o Serves as legal advisor to the Mayor, City Council and City Adminiskator; attends public meetings to
provide legal advice and Information, and presents findings, recommendations, and effective legal
solutions.
. Exercises independent judgment within broad policy guidelines; evaluates legal issues, and recommends
solutions to minimize risk and safeguard the City's operations; works independently and makes
appropriate decisions based on knowledge of City policies; performs duties within scope of authority.r Researches a variety of legal issues related to municipal govemment, and advises City departments,
advisory boards, and commissions on legal issues; responds to constituent inquiries and complaints.. Drafts, reviews, and amends a variety of legal documents, including contracts, ordinances, resolutions,
leases, deeds, bonds, court pleadings, and technical documentation.. Represents the City in reviewing, approving, and negotiating legal issues; assures that legal issues are
resolved within City policy guidelines; reviews and evaluates pertinent decisions, policies, regulations,
claims, civil actions, and other legal matters; assures effective communication of issues and strategies
with the City's core management team.
. Manages the case preparation and resolution of litigation, negotiations, settlements, prosecutions, and
other municipal legal proceedings; develops legal assessments and strategies;. Conducts factual and legal analysis to determine whether legal issues should be prosecuted or defended,
based on the facts of law and evidence; conducts conferences with opposing parties on settlement of
cases.
. Manages legal proceedings and work products from contracted legal professionals.
o Provides information, instructions, and assistance to the public and others having business with the City;
responds to and resolves constituent service issues in a courteous and respectful manner.. Supports the relationship between the City of Vernon and the general public by demonstrating cou(eous
and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work-
related issues and City information; performs other duties as required or assigned.
Deputy City Anorney Vernon CA 1 ol2
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Juris Doctorate Degree is required; AND three years experience in a public sector legal practice, including
litigation experience. Need not have knowledge and skill in all of the following areas, but must have
proficiency in identified practice areas:
Knowledge of:. City organization, operations, policies, and procedures.o Federal and state laws and statutes governing municipal operations and administrative law, including
California Public Employment Relations Board, the Meyers-Milias-Brown Act, California Public Records
Act, California Elections Code, and the Voters Rights Act; and applicable Federal rules and regulations... City Attorney's protocols and strategies of negotiation and litigation.. City ordinances, codes, policies, resolutions, and agreements.. California judicial procedures and rules of evidence.o Legal precedents and court decisions impacting municipal government.o The duties, powers, authorities, and limitations of a municipal attorney.o Legal research methods, techniques, sources, and databases.. Legal, ethical and professional rules of conduct for public sector employees and elected officials.. Business computers, and standard and specialized software applications.
Skill in:o lnterpreting and explaining legal standards and procedures, applicable Federal and state rules and
regulations, and City policies and procedures.. Defining legal issues, performing legal research, analyzing technical issues, and developing solutions.. Reviewing and assessing legal issues and documents, and making appropriate decisions.. Exercising sound judgment, negotiating agreements, and mediating difficult situations.. Litigating cases in legal hearings and courtroom settings.. Researching and identifying precedence in case law.. lnvestigating, analyzing, and resolving legal issues and complaints,. Assessing and prioritizing multiple tasks, projects and demands.. Using initiative and independent judgment within established procedural guidelines.. Establishing and maintaining effective working relationships with co-workers, City Council, Mayor, City
Administrator, City departments and staff, regional government agencies, and the public.. Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid California State Driver's License may be required. Must be licensed by the Bar to practice law in the
State of California, remain active with all California Bar annual requirements, and maintain a clear criminal
record.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment.
Deputy City Attomey Vernon CA 2of2
ATTACHMENT A
Job D€scription
8
ATTACHMENT B
ACKNOWLEDGEMENT AND RELEASE
This is to confirm that on this date I have received severance pay in the amount of$ pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepting such severance pay, I am releasing the City, its employees, officers and
agents, from any and all claims of any kind or nature I had or may have had against the City
arising from my employment with the City, including but without limitation, age discrimination
claims under the Age Discrimination in Employment Act and the Older Workers Benefit
Protection Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, its employees, officers and agents, stemming
from my employment relationship, including the severance thereof, to the fullest extent
permissible under the law.
I further acknowledge that this waiver extends to all claims, known and unknown, relative
to my employment with and cessation of my employment with the City. I specifically waive the
application of Civil Code $1542, which provides:
A general release does not extent to claims which the creditor
does not know or suspect to exist in his/her favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknowledgement
and Release, and I had a reasonable period of time within which to consider signing this
Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily
and willingly.
Dated:
Zaynah N. Moussa
I
REGEI ED
JAN 15 2015
CIY CLERKS OIIICE
RECEIVED
iAN I 3 20t5
CITY ADMINISTRATIO
STAFF REPORT
PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES
A-6
DATE:
TO:
PREPARED BY:
APPROVED BY:
RE:
January 20,2015
Honorable Mayor and City Council
Scott B. Rigg, Public Works & Water Superintendent
5l^
Samuel Kevin Wilson irector of Public Works, Water and
Development Services
Bid Award for Contract No. CS-0522 to Furnish and Install One New
300KW Cummins Diesel Power Generator
Recommendation
It is recommended that the City Council:
l. Find that the proposed project proposed in this staff report, is exempt under the California
Environmental Quality ACT (CEQA) in accordance with Section 15302 (C), because the
proposed project consists of the replacement or reconstruction of existing utility systems
and/or facilities involving negligible or no expansion ofcapacity; and
2. Accept the bid from Cora Constructors, Inc., as the lowest responsive and responsible bidder
and enter into a Labor and Materials Contract, in substantially the same form as submitted
herewith, for an amount not to exceed $216,418.00, for Contract No. CS-0522 to Furnish and
Install One New 300KW Cummins Diesel Power Generator. Furthermore, authorize a
contingency the amount of $35,000.00 in the event an unexpected changed condition in the
project occurs and gtant authority to the City Administrator to issue a change order for an
amount up to the contingency amount.
Background
The City of Vernon (City) was issued a Notice of Violation (NOV) from the South Coast Air
Quality Management District (SCAQMD) on December 19, 2013, for operating a diesel-fueled
emergency internal combustion engine greater than 50 brake-horse-power for non-emergency use within
one-hundred meters or 328-feet from Vernon City Elementary School. Consequently, the SCAQMD
directed the City to prepare, and have approved by the SCAQMD, a compliance schedule to install a new
generator that meets provisions of Rule No. 1470. The compliance schedule was subsequently approved
by the SCAQMD.
City staff issued the Notice Inviting Bids on November 24,2014. The Notice Inviting Bids were
posted on the City's website, published in the Vernon Sun newspaper andadvertised in the following
construction related websites: Bid America, Planroom Bidboard, McGraw-Hill Construction Dodge, and
Reid Construction. The specifications included the standard terms and conditions for the contract which
have been approved by the City Council. The City Council officially ratified the Notice Inviting Sealed
Competitive Bids to Furnish and Install One New 300KW Cummins Diesel Power Generator at its
December 9, 20 I 4, meeting.
On December 16,2014, a pre-bid meeting was held to review the project specifications in detail.
The bids for Contract No. CS-0522, to Furnish and Install One New 300KW Cummins Diesel Power
Generator, were received and opened on January 6,2015. The calculated results were as follows:
l. Cora Constructors, Inc.
2.Total Concept Sales, Inc.
3. National Electrical Contractors, Inc.
4. HYPA Engineering, [nc.
$216,418.00
$257,318.00
$294.971.N
$381,s00.00
It is recommended that a labor and materials contract be awarded to Cora Constructors, Inc., in a
not to exceed amount of $2 I 6,4 I 8.00.
Fiscal Impact
The total estimated project cost will be $216,418.00; $175,000.00 has been allocated in the 2OI4-
2015 fiscal yearbudget under01l.lM9.900000 forthis project. The shortfall in funds will be made up
from the Street Operations Capital Improvement Account No. 0l1.1043.900000.
\'
LABOR AND MATERIALS CONTRACT BY AND BETWEEN THE C]TY OF VERNON
AND CORA CONSTRUCTORS, INC., FOR GONTRACT NO. CS-0522 TO FURNISH
AND INSTALL ONE NEW 3OOK
This Contract is made by and between the CITY OF VERNON ("City"), a
California charter City and California municipal corporation, and CORA
CONSTRUCTORS, lNC., a California corporation with headquarters located at75-140
St. Charles Place, Suite A, Palm Desert, California,92211 ("Contractor").
The City and Contractor agree as follows:
1.0 Contractor shall furnish all necessary and incidental labor, material,
equipment, transportation and services as described in, and strictly in accordance with,
and subject to all terms and conditions set forth in Specifications to Furnish and lnstall
One New 300KW Cummins Diesel Power Generator Exhibit A, which is attached hereto
and incorporated by reference.
2.0 All work shall be done in a manner satisfactory to the City's Director of
Public Works, Water and Development Services ("Director"), or the Director's designee,
in writing , and shall be of highest quality with respect to this project.
ln the event Contractor fails to perform satisfactorily the City shall advise
Contractor in writing, and Contractor shall have thirty (30) days to cure such failure to
satisfactorily perform. lf Contractor fails to so cure its performance within said 30 days,
the City may, at its option, terminate this Contract for default without further liability,
other than payment to Contractor for work performed satisfactorily prior to the date of
termination.
3.0 Contractor shall commence work upon the signing of this contract and
shall perform work requested in writing by Director.
4.0 ln consideration of satisfactory and timely Performance of requested work,
the City shall pay Contractor as follows: ln the first three years of this Contract, a grand
total amount not to exceed Two Hundred Sixteen Thousand Four Hundred Eighteen
Dollars ($21 6,41 8.00).
5.0 Concurrently with the execution of this Contract, contractor shall furnish
bonds of a surety satisfactory to the City, as provided in the specifications and Notice
lnviting Bids. The cost of the bonds shall be paid by Contractor.
6.0 GENERAL TERMS AND CONDITIONS.
6.1 INDEPENDENTCONTRACTOR.
6.1.1 lt is understood that in the performance of the services
herein provided for, Contractor shall be, and is, an independent contractor, and is not an
1
agent or employee of City and shall fumish such services in its own manner and method
except as required by this Contract. Further, Contractor has and shall retain the right to
exercise full control over the employment, direction, compensation and discharge of all
persons employed by Contractor in the performance of the services hereunder.
Contractor shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its employees, including
compliance with social security, withholding and all other wages, salaries, benefits,
taxes, exactions, and regulations of any nature whatsoever.
6.1 .2 Contractor acknowledges that Contractor and any
subcontractors, agents or employees employed by Contractor shall not, under any
circumstances, be considered employees of the City, and that they shall not be entitled
to any of the benefits or rights afforded employees of City, including, but not limited to,
sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits,
or health, life, dental, longterm disability or workers' compensation insurance benefits.
6.2 CONTRACTOR NOT AGENT. Except as the City may authorize in
writing, Contractor and its subcontractors shall have no authority, express or implied, to
act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
6.3 OWNERSHIP OF WORK. All reports, drawings, plans,
specifications, computer tapes, floppy disks and printouts, studies, memoranda,
computation sheets and other documents prepared by Contractor in furtherance of the
work shall be the sole property of City and shall be delivered to City whenever
requested. Contractor shall keep such documents and materials on file and available
for audit by the City for at least three (3) years after completion or earlier termination of
this Contract. Contractor may make duplicate copies of such materials and documents
for its own files or for such other purposes as may be authorized in writing by the City.
6.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work,
without additional cost to the City. The performance or acceptance of services
furnished by Contractor shall not relieve the Contractor from the obligation to correct
subsequently discovered defects, inaccuracy or incompleteness.
6.5 WAIVER. The City's waiver of any term, condition, breach or
default of this Contract shall not be considered to be a waiver of any other term,
condition, default or breach, nor of a subsequent breach of the one waived.
6.6 SUCCESSORS. This Contract shall inure to the benefit of, and
shall be binding upon, the parties hereto and their respective heirs, successors and/or
assigns.
6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this
Contract or any rights hereunder without the prior written consent of the City and
approval by the City Attorney, which may be withheld in the City's sole discretion. Any
2
unauthorized assignment or transfer shall be null and void and shall constitute a
material breach by the Contractor of its obligations under this Contract. No assignment
shall release the original parties or otherwise constitute a novation.
6.8 COMPLIANCE WITH LAWS. Contractor shall comply with all
Federal, State, County and City laws, ordinances, rules and regulations, which are, as
amended from time to time, incorporated herein and applicable to the performance
hereof.
6.9 ATTORNEY'S FEES. lf any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any other
relief to which such party may be entitled.
7.0 INTERPRETATION.
7.1 APPLICABLE LAW. This Contract, and the rights and duties of the
parties hereunder (both procedural and substantive), shall be governed by and
construed according to the laws of the State of California.
7.2 ENTIRE AGREEMENT. This Contract, including any Exhibits
attached hereto, constitutes the entire agreement and understanding between the
parties regarding its subject matter and supersedes all prior or contemporaneous
negotiations, representations, understandings, correspondence, documentation and
agreements (written or oral).
7.3 WRITTEN AMENDMENT. This Contract may only be changed by
written amendment signed by Contractor and the City Manager or other authorized
representative of the City, subject to any requisite authorization by the City Council. Any
oral representations or modifications concerning this Contract shall be of no force or
effect.
7.4 SEVERABILITY. lf any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion
shall be deemed severed from this Contract, and the remaining provisions shall
nevertheless continue in full force and effect as fully as though such invalid, illegal, or
unenforceable portion had never been part of this Contract.
7.5 ORDER OF PRECEDENCE. ln case of conflict between the terms
of this Contract and the terms contained in any document attached as an Exhibit or
otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The
terms of the City's Specifications shall control over the Contractor's bid.
7.6 CHOICE OF FORUM. The parties hereby agree that this Contract
is to be enforced in accordance with the laws of the State of California, is entered into in
the City of Vernon and that all claims or controversies arising out of or related to
3
-\,
performance under this Contract shall be submitted to and resolved in a forum within
the County of Los Angeles at a place to be determined by the rules of the forum.
7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
7.8 TIME OF ESSENCE. Time is shictly of the essence of this
Contract and each and every covenant, term and provision hereof.
7.9 AUTHORITY OF CONTMCTOR. The Contractor hereby
represents and warrants to the City that the Contractor has the right, power, legal
capacity and authority to enter into and perform its obligations under this Contract, and
its execution of this Contract has been duly authorized.
7.10 ARBITMTION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach or any other aspect of this Contract, shall be settled by binding arbitration in
accordance with the Commercial Rules of the American Arbitration Association at Los
Angeles, California and judgment upon the award rendered by the Arbitrators may be
entered in any court having jurisdiction thereof. The City does not waive its right to
object to the timeliness or sufficiency of any claim filed or required to be filed against the
City and reserves the right to conduct full discovery.
7.11 INDEMNITY.
7.11.1 Contractor agrees to indemnify, hold harmless and
defend (even if the allegations are false, fraudulent or groundless), to the maximum
extent permitted by law, the City, its City Council and each member thereof, and its
officers, employees, commission members and representatives, from any and all
liability, loss, suits, claims, damages, costs, judgments and expenses (including
attorney's fees and costs of litigation) which in whole or in part result from, or arise out
of, or are claimed to result from or to arise out of:
A. any activity on or use of City's premises or
facilities or any performance under this Contract; or
B. any acts, errors or omissions (including,
without limitation, professional negligence) of Contractor, its employees,
representatives, subcontractors, or agents in connection with the performance of this
Contract.
7.11.2 This agreement to indemnify includes, but is not
limited to, personal injury (including death at any time) and propefi or other damage
(including, but without limitation, contract or tort or patent, copyright, trade secret or
trademark infringement) sustained by any person or persons (including, but not limited
to, companies, or corporations, Contractor and its employees or agents, and members
4
of the general public). The sole negligence orwillful misconduct of City, its employees
or agents other than Contractor or Contractor's subcontractors are excluded from this
indemnity agreement.
7.12 RELEASE. Contractor agrees to release and covenants not to sue
the City, its City Council and each member thereof, and its officers, employees,
commission members and representatives for any damage or injury (including death) to
itself, its officers, employees, agents and independent contractors damaged or claiming
to be damaged from any performance under this Contract.
7.13 INSURANCE. Contractor shall, at its own expense, procure and
maintain policies of insurance of the types and in the amounts set forth below, for the
duration of the Contract, including any extensions thereto. The policies shall state that
they afford primary coverage.
7.13.1 Automobile Liability with minimum limits of at least
$100,000/300,000/50,000 if written on a personal automobile liability form, for using a
personal vehicle; or an amount of $500,000 including owned, hired, and non-owned
liability coverage if written on a Commercial automobile liability form.
7.13.2 General Liability with minimum limits of at least
$1,000,000 combined single limits written on an lnsurance Services Office (lSO)
Comprehensive General Liability "occurrence" form or its equivalent for coverage on an
occurrence basis. Premises/Operations and Personal lnjury coverage is required. The
City of Vemon, its directors, commissioners, officers, employees, agents and volunteers
must be endorsed on the policy as additional insureds as respects liability arising out of
the Contractor's performance of this Contract.
A. lf Contractor employs other contractors as part
of the services rendered, Contractor's Protective Coverage is required. Contractor may
include all subcontractors as insureds under its own policy or shall furnish separate
insurance for each subcontractor, meeting the requirements set forth herein.
B. Blanket Contractual Coverage.
C. Prod ucts/Completed Operations coverage.
7.1 3.3 Contractor shall comply with the applicable sections of the
California Labor Code concerning workers' compensation for injuries on the job.
Compliance is accomplished in one of the following manners:
A. Provide copy of permissive self-insurance
certificate approved by the State of California; or
B. Secure and maintain in force a policy of
workers' compensation insurance with statutory limits and Employer's Liability lnsurance
with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive
all rights of subrogation against City, its directors, commissioners, officers, employees,
and volunteers for losses arising from performance of this Contract; or
C. Provide a "waiver" form certifying that no
employees subject to the Labor Code's Workers' Compensation provision will be used
in performance of this Contract.
7 .13.4 Each insurance policy included in this clause shall be
endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior
written notice to City.
7.13.5 lnsurance shall be placed with insurers with a Best's rating of
no less than B:Vlll.
7.13.6 Prior to commencement of performance, Contractor
shall furnish City with a certificate of insurance for each policy. Each certificate is to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificate(s) must be in a form approved by City. City may require complete, certified
copies of any or all policies at any time.
7.13.7 Failure to maintain required insurance at all times
shall constitute a default and material breach. ln such event, Contractor shall
immediately notify City and cease all performance under this Contract until further
directed by the City. ln the absence of satisfactory insurance coverage, City may, at its
option: (a) procure insurance with collection rights for premiums, attorney's fees and
costs against Contractor by way of set-off or recoupment from sums due Contractor, at
City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all
damages and costs incurred, by judgment, settlement or othenivise, including attorney's
fees and costs, being collectible from Contractor, by way of set-off or recoupment from
any sums due Contractor.
7.14 NOTICES. Any notice or demand to be given by one party to the
other shall be given in writing and by personal delivery or prepaid first-class, registered
or certified mail, addressed as follows. Notice simply to the City of Vernon or any other
City department is not adequate notice.
lf to the City:
City of Vemon
Attention: S. Kevin Wilson, Director of Public Works, Water and
Development Services
4305 Santa Fe Ave.
Vernon, CA 90058
t
6
With a Copy to:
lf to the Contractor:
Any such notice shall be deemed to have been given upon delivery,
if personally delivered, or, if mailed, upon receipt or upon expiration of three (3)
business days from the date of posting, whichever is earlier. Either party may change
the address at which it desires to receive notice upon giving written notice of such
request to the other party.
7.15 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause,
upon fifteen (15) calendar days'written notice to Contractor. lf the Contract is thus
terminated by City for reasons other than Contractor's failure to perform its obligations,
City shall pay Contractor a prorated amount based on the services satisfactorily
completed and accepted prior to the effective date of termination. Such payment shall
be Contractor's exclusive remedy for termination without cause.
7.16 DEFAULT. ln the event either party materially defaults in its
obligations hereunder, the other party may declare a default and terminate this Contract
by written notice to the defaulting party. The notice shall specify the basis for the
default. The Contract shall terminate unless such default is cured before the effective
date of termination stated in such notice, which date shall be no sooner than ten (10)
days after the date of the notice.
Termination for cause shall relieve the terminating party of further
liability or responsibility under this Contract, including the payment of money, except for
payment for services satisfactorily and timely performed prior to the service of the notice
of termination, and except for reimbursement of (1) any payments made by the City for
service not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by the City in obtaining substitute performance.
7.17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor
hereby agrees to assign to the City all rights, title and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the
Cartwright Act Chapter 2 (Commencing with Section 16700) or pai2 of Division 7 of
the Business and Professions Code, or any similar or successor provisions of Federal
or State law, arising from purchases of goods, services or materials pursuant to this
Contract or the subcontract. This assignment shall be made and become effective at
the time the City tenders final payment to the Contractor, without further
acknowledgment by the parties.
8.0 ADDITIONALASSURANCES
7
8.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.
Contractor certifies and represents that, during the performance of this contract,
the contractor and any other parties with whom it may subcontract shall adhere to equal
opportunity employment practices to assure that applicants and employees are treated
equally and are not discriminated against because of their race, religion, color, national
origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further
certifies that it will not maintain any segregated facilities.
8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay
any and all costs associated therewith, any Vernon Business License which may be
required by the Vernon Municipal Code.
8.3 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have
access to and the right to audit and reproduce any of the Contractor's records to the
extent the City deems necessary to insure it is receiving all money to which it is entitled
under the Contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a
period of at least 3 years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon.
lf not, the Contractor shall, upon request, promptly deliver the records to the City of
Vernon or reimburse the City for all reasonable and extra costs incurred in conducting
the audit at a location other than the City of Vernon, including, but not limited to, such
additional (out of the City) expenses for personnel, salaries, private auditors, travel,
lodging, meals and overhead.
8.4 CONFLICT. Contractor hereby represents, warrants and certifies
that no member, officer or employee of the Contractor is a director, officer or employee
of the City of Vernon, or a member of any of its boards, commissions or committees,
except to the extent permitted by law.
8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit
twenty-five dollars ($25) for each worker employed in the execution of this Agreement
by the respective Contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than B hours in any one calendar day and
40 hours in any one calendar week in violation of the provisions of Sections 1810
through 1815 of the California Labor Code as a penalty paid to the City; provided,
however, work performed by employees of contractors in excess of B hours per day,
and 40 hours during any one week, shall be permitted upon compensation for all hours
worked in excess of 8 hours per day at not less than 1/z times the basic rate of pay.
,D
8.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on
City service contracts of any amount, as to all employees spending time on City
contracts shall observe the City's Living Wage Ordinance and all requirements thereof
at all times on City contracts. The Current Living Wage Standards are set forth in
Exhibit C. Upon request, certified payroll shall be provided to the City.
[Signatures Begin on Next Page].
9
H.
lN WITNESS WHEREOF, the parties hereto have caused this Contract to
be executed by their duly authorized representatives as of the date set forth below.
City of Vernon, a California charter City COra COnStrUCtOrS, lnc., a Catifornia
and California municipal corporation corporation
Mayor / Mayor Pro-Tem Name:
Tifle:
ATTEST:
By:
Name:
Ana Barcia, Deputy City Clerk
Tifle:
APPROVED AS TO FORM:
Hema Patel, City Attorney
10
By:
EXHIBIT A
PROJECT SPECIFICATIONS
I-1 GENEML INSTRUCIIONS
PART I - INSTRUCTIONS TO BIDDERS
l-1.01 General Bid Requirements
To be considered, a Bidder must follow the format for bids in the Specifications. Bids must be binding and firm. Any
bid may be withdrawn before bid opening, but not for 90 days after opening.
l-1.02 Bidder's Guarantee
Bid security in the amount of ten percent (10olo) of the bid price, in the form of cash, cashier's check, money order
or surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded
shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required
bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the
defaulting Bidder.
l-1.03 Bidder Must Make Thorough lnvest'gation
It is the Bidder's responsibility to examine the location of the proposed work, to fully acquaint itself with the
Specifications and the nature of the work to be done. Bidders shall have no claim against the City based upon
ignorance of the nature and requirements of the project, misapprehension of site conditions, or misundeBtanding of
the Specifications or contract provisions.
l-1.04 Acceptance of Conditions
By submitting a bid, each Bidder expressly agrees to and accepts the following conditions:
I-1.04.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract between the
selected Bidder and the City.
I-1.04.2 The City may require whatever evidence is deemed necessary relative to the Bidder's financial stability and
ability to complete this poect.
I-1,04.3 The City reserves the right to request further information from the Bidder, either in writing or orally, to
establish any stated qualifications.
I-1.04.4 The City reserves the right to solely judge the Bidder's representations, and to solely determine whether the
Bidder is qualified to undertake the poect pursuant to the criteria set forth herein. The Bidder by submitting a bid,
expressly acknowledges and agrees that the judgment of the City as to whether or not the Bidder is qualified to
perform the project, shall be final, binding and conclusive.
I-1.04.5 The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the
project at any time.
I-1.04.6 This bidding process does not commit the City to award any contract, and the City is not liable for any costs
incurred by the Bidder in the preparation and submission of a bid.
l-1.05 Truth and Accuracy of Representatbn
False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a
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Bidder.
l-1.06 City Changes to the Bil Documents
The City reserves the right to change any part of these Instructions to Bidders and Specifications any time prior
to the bid opening. Any changes shall be in the form of addenda, and will become a part of the bid documents
and of the contract. Addenda shall be made available to each Bidder. A Bidder's failure to address the
requirements of the addenda may result in the bid not being considered. If the City determines that a time
extension is required for the submission of the bid, the addenda will give the new bid opening date.
l-1.07 Notice Regarding Disclosure of Contents of Document
All bids accepted bytheCityshall become the exclusive property ofthe City. Upon opening, all bids accepted bythe
City shall become a matter of public record and shall be regarded as public, with the exception of those elements of
each bid which are identified by the Bidder as business or trade secrets and plainly marked as "trade secret,"
"confidential," or "proprietary." Each element of a bid which a Bidder desires not to be considered a public record
must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or
other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If
disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder's request for
confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part
thereof.
l-1.08 Award of Bid and Determhation of Responsiveness
The contract shall be awarded to the lowest responsive and responsible Bidder, In determining whether a Bidder is
responsive and responsible, the following shall be considered.
I-1.08.1 The quality of the material offered;
I-1.08.2 The ability, capacity and skill of the Bidder to perform the contract or provide the material or services;
I-1.08.3 Whether the Bidder can perform the contract or provide the service promptly, or within the time specified,
without delay or interference;
I-1.08.4 The sufficiency of the Bidder's financial resources and the effect thereof on their ability to perform the
contract or provide the material or services;
I-1.08.5 The character, integrity, reputation, judgment, experience and efficiency of the Bidder;
I-1.08.6 The quality and timeliness of the Bidder's performance on previous purchase orders or contracts for the
CiV;
I-1.08.7 Litigation by the Bidder on previous purchase orders or contracts with the City;
I-1.08.8 The ability ofthe Bidder to provide future maintenance and service where such maintenance and senr'ice is
essential.
l-1.09 lneligibility to Contract
Pursuant to Sections U77.1 and 7777.7 of the California Labor Code. any Contractor that has been found by the
State Labor Commissioner to be in violation of the Labor Code Section entitled "Public Works" shall be ineligible
to bid on or be awarded a contract for this project. The period of debarment shall be not less than one year
PART I - PW
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_ .- and up to three years as determined pursuant to S&ion 1777.7 of the Labor Code. In submitting its bid, the
" Bidder certifies that it is aware of these provisions and is eligible to bid on this contract.
The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is
ineligible to perform work on a public works project puBuant to Section 1777.1 ot 7777.7 ofthe Labor Code. In
submitting its bid, the Bidder certifies that it has investigated the eligibility of each and every subcontractor it intends
to use on this project and has determined that none is ineligible to perform work pursuant to the above provisions of
law,
l-1.10 Errors and Omissions
Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or
Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention
of the City. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this
Contract.
l-1.11 Patent Fees; Patent, Copyriht, Trade Secret and Trademark Fees
Each Bidder shall include in the price bid any patent fees, royalties and charges on any patented article or process to
be furnished or used in the prosecution of the Work.
l-1.12 Taxes
Price bid shall include all federal, state, local, and other taxes.
l-1.13 Local Bidders; Refund of Sales and Use Tax
For the purpose of determining the lowest Bidder on a contract for materials and supplies only, 1olo of that portion of
the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such Bidder were
awarded the contract, the City would receive a refund of the 1ol0.
I-2 SPECIALCITYREQUIREMENTS
NOTICE
THERE IS AN APPENDIX 'A" OF FORMS IN THESE SPECIFICATIONS WHICH A BIDDER MUST COMPLETE TO
ESTABUSH COMPUANCE WflH A NUMBER OF SPECIAL CITY OF VERNON REQUIREMENTS, INCLUD]NG, BUT NOT
UMITED TO, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIDAVTT OF NON-COLLUSION. THESE FORMS AND
THEIR INSTRUCTIONS SHOULD BE CONSIDERED AN INTEGRAL PART OF THE SPECIFICATIONS AND FAILURE TO
COMPLETE THEM MAY BE GROUNDS, IN THE SOLE DISCRENON OFTHE CITY, FOR RUECNON OF ANY BIDDER.
l-2.01 Equal Employment Opportunity in Contracting
l-2.01.1 Policy
The City of Vernon is committed to a policy of Equal Opportunity Contracting. Qualified firms including small
businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or
proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal
Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this
contract.
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l-2.01.2 Compliance
To the extent permitted by law, the Contractor expressly agrees to establish compliance with the Equal Employment
Opportunity Practices Provisions of federal and state law.
l-2.01.3 Required Forms
No contract shall be awarded until the Bidder has submitted to the City or has on file with the City a
nondiscrimination certification acceptable to the City.
l-2.02 Affidavit of Non-Collusion by Bidder
The City requires that each Bidder execute and submit to the City with their Bid, the Affidavit of Non-Collusion
included in Appendix "A."
l-2.03 Vernon Living Wage Ordinance
This contract is subject to the Vernon Living Wage Ordinance, The selected consultant shall pay qualirying
employees a wage of not less than $10.30 per hourwith health benefits, or $11.55 per hour without health benefits.
The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or
personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a
prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's
compliance with the living wage ordinance. Contractor, and any Subcontracto(s), shall comply with the Cityt Living
Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the City's Sample Contract.
Upon the Cityt request, certified payroll records shall promptly be provided to the City. The provisions of California
Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply
to all City contracts. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract,
Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law.
l-2.04 Stormwater Management and Dbcharge Control
In addltion to complying with all applicable federal, state and local laws and regulations, the Contractor shall take
note of the Stormwater Management and Discharge Control Ordinance, also known as NPDES Requirements, as a
material part of the work under this Contract.
a-2.O4.L N PDES Requirements
In addition, the Contractor shall adhere to NPDES (National Pollution Discharge Elimination System) Best
Management Practices to prevent deleterious materials or pollutanLs from entering the City or county storm drain
systems, including, but not limited to implementing the Best Management Practices specified below, and the
Contractor shall comply with all directions of the City in this regard during construction:
The following shall be implemented:
1. Handle, store, and dispose of materials properly.
2. Avoid excavation and grading activities during wet weather.
3. Construct diversion dikes and drainage swales around working sites.
4, Cover stockpiles and excavated soil with secured tarps or plastic sheeting.
5. Develop and implement erosion control plans (if applicable).
6. Check and repair leaking equipment away from construction sites.
PART I . PW REV 103113
7. Designate a location away from storm drains for refueling.
8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter,
9. Use vacuum with all concrete sawing operations.
10. Never wash excess material from aggregate, concrete, or equipment onto a street.
11. Catch drips from paving equipment with drip pans or absorbent material.
12. Clean up all spills using dry methods.
r-3 GENERAL SPECIFICATIONS
l-3.01 Bid Proposal Quantities
The quantities contained in the bid documents are approximate only, and are for the sole purpose of comparing
bids. The City may, in accordance with the Standard Specifications, order more or less work or material as
necessary in the City's sole discretion, Payment will be made for the amount of work or material actually provided
as determined by the City and accepted at the unit or lump sum prices noted in the bid, where applicable, and those
prices shall govern.
l-3.02 Registration and Qualifications of Contractors
Before submitting bids, Contractors shall be licensed in accordance with the Business and Professions Code Section
7000 et. seq. and each Contractor shall insert his license number on the Bidder's proposal.
In submitting this bid, the Bidder warrants that it has work experience comparable to that which is to be performed.
Prior to award of a contract, the City may request of any Bidder, a statement setting forth their work experience ofa
nature comparable with that which is to be performed. Such statement shall describe the work performed over the
period of three (3) years next preceding the date of said statement, and shall give the owner, location, and contract
price, together with the dates of beginning and completion of such work. This statement of experience shall be
submitted within seven (7) calendar days after the City's notification to so submit. Failure to submit an adequate
statement can result in rejection of the bid as non-responsive.
l-3.03 Standard Specifications
In connection with contracts related to the subject "Bidder's Proposal," and except as otherwise provided below, all
work shall be done in accordance with the provisions of the 2012 edition of'STANDARD SPECIFICATIONS FOR
PUBUC WORKS CONSTRUCIION" (commonly known as the "GREENBOOK"), Detailed Technical Specifications
including Supplements, prePared and promulgated by Public Works Standards, Inc., a mutual benefit corporation,
!-3.04 Subcontracts
In addition to the information to be listed by the Bidder with the bid pursuant to Section 2-3, entitled "subcontracts,"
of the Standard Specifications, the Bidder shall provide for each subcontractor listed a brief description of the work
to be subcontracted (see Page BP{b) of the Bidder's Proposal). After bids have been received, no substitution of
subcontractors in place of those listed in the bid or addition of subcontractors for work in excess of one-half of one
percent of the total bid price will be permitted without the written consent of the City Engineer. The sole grounds
for said consent shall be the exceptions listed in Chapter 4 of the public Contract Code.
Pursuant to California Labor Code 51021.5, the Contractor must not willingly and knowingly enter into any
agreement with any person, as an independent contractor, to provide any services in connection with the Work
where the services provided or to be provided requires that such person hold a valid contractort license issued
pursuant to California Business and Professions Code 557000 et seq. and such person does not meet the burden of
proof of his/her independent contractor status pursuant to California Labor Code 52750.5. In the event that the
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Contractor shall employ any person in violation of the foregoing, the Contractor shall be subject to the civil penalties
under California Labor Code $1021.5 and any other penalty provided by law. In addition to the penalties provided
under California Labor Code 51021.5, the Contractor's violation of this Paragraph or the provisions of California Labor
Code 51021.5shall be deemed an event of the Contractor's default. The Contractor must require any Sukontractor
of any tier performing or providing any rcrtion of the Work to adhere to and comply with the foregoing provisions,
Pursuant to the provisions of Labor Code Section 1777.1, the Labor Commissioner publishes and distributes a list of
contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors
is available from the Department of Industrial Relations website at: htto://www.dir.ca.gov/dlse/debar.html. The
Contractor must not employ, hire, use or subcontract with any of the listed debarred contractors.
l-3.05 Non-Discrimination
In the performance of this Contract, the Contractor must not discriminate against any employee, subcontractor, or
applicant for employment because of race, religious creed, color, national origin, ancestry physical disability, mental
disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ
the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge
the person from employment or from a training program leading to employment, or to discriminate against the
person in compensation or in terms, conditions, or privileges of employment. Violations may also result in the
imposition of penalties referred to in Labor Code g 1735.
l-3.06 Protection of Existing Facilities
Except where otherwise provided for, the repair or replacement ofexisting improvements that are damaged, injured,
or removed as a result of the work shall be reflected in associated unit or lump sum prices noted in the Bidder's
Proposal.
l-3.07 Contract Bonds
The Bidder to whom a contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the
Standard Specifications before execution of the contract. The term "Contract Price" shall be deemed to mean the
total contract "not to exceed" amount consisting of the base bid stated in the Bidder's Proposal plus such additional
amounts provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work
covered by approved change orders, if any.
l-3.08 Termination of Contract
SectionS-5,entitled"TerminationofContract,"oftheStandardSpecificationsismodifiedtoread:'TheCitymay
terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar
day's written notice to the Contractor," If the contract is thus terminated by the City for reasons other than the
Contractor's failure to perform its obligations, the City shall pay the Contractor a prorated amount based on the
services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be the
Contractor's exclusive remedy for termination without cause.
l-3.09 tiability lnsurance
Evidence of insurance coverage shall be provided in the manner specified in Section 7.13 Insurance of the City's
Sample Contract
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l-3.10 Partial Payment
Payment shall be due the Contractor within thirty (30) calendar days after receipt of an itemized statement for work
performed during the progress payment period.
l-3.11 Security Deposits in Lieu of Retention
Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any monies
withheld to ensure performance under the contract, At the request and expense of the Contractor, securities
equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank in
California as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of
the contract, the securities shall be returned to the Contractor.
Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the
escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the
investment of the payments into securities and the Contractor shall receive the interest earned on the investments
upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory
completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments
received by the escrow agent from the City. The Contractor shall pay to each subcontractor, not later than 20 days
after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld
from each subcontractor, on the amount of retention withheld to ensure the performance of the Contractor.
Securities eligible for investment under this section shall include those listed in Section 16430 of the Government
Code, bank or savings and loan certificates of deposit interest bearing demand deposit accounts, standby letters of
credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the
beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
The escrow agreement to be used shall be null, void, and unenforceable unless it is substantially similar to the form
specified by Section 22300(e) of the Public Contract Code.
l-3.12 Worker's Compensatbn Certffication
California Labor Code 55 1860 and 3700 provide that every Contractor will be required to secure the payment of
compensation to its employees. In accordance with the provisions of California Labor Code 5 1861, the Contractor,
in submitting a bid, hereby certifies as follows:
"I am aware of the provisions of California Labor Code g 3700 which requires every employer to be insured against
liability for worke/s compensation or to undertake self-insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the performance of the Work of this Contract."
l-3.13 Sample Contract
A sample of the contract the successful Bidder will be required to enter into with the City is attached hereto as
Appendix "8" and by this reference incorporated herein and made a part of these Specifications.
l-3.14 Special Conditions - Prevailing Wages and Empbyment of Apprentbes
The Contractor certifies by submission of a bid that they have not been found by the Labor Commissioner to be
in violation of Prevailing Wage laws as outlined in the California Labor Code 91777.L. The Contractor shall
adhere to the provisions of Section t771-t777 of the Labor Code and Section 7-2 entitled "Labor," of the
Standard Specifications. The Contractor shall comply with and adhere to the "Special Conditions - Payment of
Prevailing Wages and Employment of Apprentices" attached to Part I of these Project Specifications. Attention
is directed to Section A of this attachment which states, in part, that if there is a difference between the Vernon
Living Wage and Prevailing Wage rates for similar classifications of labor, the Contractor and his/her
subcontractors shall pay not less than the hiohest wage rate.
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ATTACHMENTTO PART I
SPECIAL CONDMONS - PAYMENT OF PREVAIUNG WAGES AND EMPLOYMENT OF APPRENTICES
A. Determination of Prevailing Wage Rates
City has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Labor Code
determinations of the generally prevailing rates of per diem wages and the prevailing rate for holiday and overtime
work in the locality in which the Work is to be performed. Copies of these determinations, entitled "PREVAILING
WAGE SCALE", are maintained at the City's offices, are available during Cify's normal business hours and are also
available on the Internet at www.dir.ca.gov/DIPJs&R/statistics research.html. Ifthere isa difference in theVernon
Living Wage rates and the California prevailing wage for similar classifications of labor, the Contractor and
Subcontractors shall pay not less than the highest wage rates. The wage rate for any classification not listed, but
which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or
comparable classifications for those performing similar or comparable duties. Holidays shall be as defined in the
collective bargaining agreement applicable to each particular craft, classification or type of worker employed under
the Contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time
and subsistence pay, apprenticeship or other training programs authorized by Gllfornia Labor Code 53093, and
similar purposes when the term "per diem wages" is used herein. Holiday and overtime wor& when permitted by
law, must be paid for at the rate of at least one and one-half (1y2) times the above specified rate of per diem
wages, unless otherwise specified. In accordance with Section 1773,2 of the California Labor Code, the Contractor
must post a schedule showing all applicable prevailing wage rates at appropriate and conspicuous locations on the
job site where they can easily be seen by workers.
B. Payment of Prevailing Wage Rates
1. Statutory Requirements - The Prolect is subject to the provisions of Labor Code 551720 et seq. and the
requiremenLs of Title 8 ofthe California Code of Regulations 5916000 et seq., which govern the paymentof
prevailing wage rates on public work projects. The Contractor and Subcontractors of any tier shall be
governed by and required to comply with these statutes and regulations in connection with the Project.
Pursuant to Labor Code 51771, the Contractor and all Subcontractors of any tier must pay not less than the
prevailing wage rates to all workers employed in execution of the Contract. Contractor and Subcontractors
must comply with applicable statutes and regulations, including but not limited to Labor Code Sg 7777,
1775, 1777.5, 1813 and 1815.
2. Weekly Payments to Employees - Contractor and all Subcontractors of any tier must pay each worker on
the Project, unconditionally and not less often than once each weel! the full amounts that are due and
payable for the period covered by the particular payday in accordance with the prevailing wage scale
determination, regardless of any contractual relationship which may be alleged to exist between the
Contractor, Subcontractor and such laborers. Thus, an employer must establish a fixed workweek and an
established payday. On each payday, each worker must receive all sums due at the end of the preceding
workweek and must be provided with an itemized wage statement.
3. Classifications - City shall require that any class of laborers or mechanics, including apprentices and
trainees, which are not listed in the General Wage Determinations and which are to be employed underthis
Contract, shall be classified conformably to such wage determinations. In the event the City does not
concur in the Contractor's proposed classification or reclassification of a particular class of laborers and
mechanics (including apprentices and trainees) to be used, the question, accompanied by the
recommendation of the City's Project Representative, shall be referred to the State Director of Industrial
Relations for determination.
4. Fringe Benefit Cash Equivalent - City shall require, whenever the minimum wage rate prescribed for a
class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the
Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof
must be established, In the event the interested parties cannot agree upon cash equivalent of the fringe
benefit, the questions, accompanied by the recommendation of the City's Project Representative, shall be
referred to the State Director of Industrial Relations for determination.
C. Penalty for Prevailing Wage Rate Underpayment
Pursuant to Labor Code 51775, the Contractor must, as a penalty, forfeit Fifty Dollars ($50.00) to the City for each
calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the
Director of the Department of Industrial Relations for such work or craft in which such worker is employed for the
Work by the Contractor or by any Subcontractor, of any tier, in connection with the Work. The difference between
ATTACHMENT TO PART I- PW REV 103113
prevailing wage rates and the amount paid to each worker each calendar day, or portion thereof, for which each
worker paid less than the prevailing wage rate, must be paid to each worker by the Contractor.
D. withholding
The City shall upon its own action or upon written request of an authorized representative of the Department of
Labor or DIR, withhold or cause to be withheld from the Contractor under this Contract so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the
Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the Work, all or part of the wages required by the Contract, the City may, after
written notice to the Contractor, take such action as may be necessary to cause the suspension of any fufther
payment, advance, or guarantee of funds until such violations have ceased.
E, Certified Payroll Records and Basic Payroll Records
The Contractor and Subcontractors of any tier must maintain Certified Payroll Records and "Basic Payroll Records",
defined as time cards, front and back copies of canceled checks, cash receipts, trust fund forms, daily logs,
employee sign-in sheets, accounting ledgers, tax forms and/or any other record maintained for the purposes of
reporting payroll, during the course of the Work and must preserve them for a period of three (3) years after
completion of the Poect for all trades workers executing the Work of the Contract. Certified Payroll Records must
be submitted at the times designated in Paragraph F below or upon request as described in Paragraph G below. City
reserves the right to require Contractor to routinely submit Basic Payroll Records may be requested by the City at
any time and must be provided within ten (10) calendar days following the receipt of the request.
F. Submittal of Certified Payroll Records
Pursuant to Labor Code 51775, the Contractor and each Subcontractor of any tier must maintain an accurate, weekly
payroll record showing the employee full name, address, social securify number, work classification, amount paid per
hour, straight time, overtime and holiday hours worked each day and weekly totals, the actual per diem wages paid
to each person employed for the Work, and the gross/net wages paid for this Project/all projects, as well as the
Contractor name and address, Project name and location, and dates of payroll. If payments are made to any third
party trust, funds or plans for health and welfare, pension or vacation trusts, those payments must be stated on the
Certified Payroll Record. The basic wage rate paid per hour plus the employer contributions for benefits, including
training fund contributions, must at least equal the prevailing wage rate for that classification.
The Contractor must maintain and submit its Certified Payroll Records and those of its Sukontractors. City reserves
the right to require Contractor to submit to the City each week, no later than seven (7) calendar days after the
payday for the week covered, the Certified Payroll Records of Contractor and its Subcontractors of every tier. If
there is no Work on a given week or on a given day, the Certified Payroll Record must indicate "no work" for that
week or day(s). The Certified Payroll Records must account for each day of the week including Saturdays, Sundays
and holidays. Contractor and Subcontractors of every tier must write "final" on the last submitted Certified Payroll
Record for the Project.
The Certified Payroll Records must be verified by a written declaration made by a person with authority to represent
the reporting entity, under penalty of perjury, that the information contained in the payroll record is true and correct
and that the reporting entity has complied with the requirements of California Labor Code 551771, 1811, and 1815
for any Work pedormed by his, her or its employees on the Project.
Contractor agrees that submission of Certified Payroll Records as well as all related or subsequent requests for
supporting document made by City shall be a condition precedent to Contractort receipt of a progress, final, or
retention payment. The City shall withhold any portion of the progress, final, or retention payment up to and
including the entire payment until the Certified Payroll Records requirement is met by the Contractor or its
Subcontractor. If the Contractor or any Subcontractor is determined to have failed to pay workers in compliance
with the applicable prevailing wage sections of the Labor Code, the City shall continue to withhold progress, final, or
retention payments until sufficient funds have been withheld for payment of wages to workers and all applicable
penalties.
G. Making Certified Payroll Records Available Upon Request
Pursuant to Labor Code 5U75, in addition to its obligation to deliver certified payroll records to the City on a weekly
basis as set forth above, the Contractor must also make payroll records available for inspection at all reasonable
hours at the principal office of the Contractor on the following basis: (i) a certified copy of an employee's payroll
record must be made available for inspection or furnished to such employee or his/her authorized representative on
request; (ii) a certified copy of all payroll records must be made available for inspection or furnished upon request to
ATTACHMENT TO PART I- PW REV 't03113
the City, the Division of labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations; (iii) a certified copy of payroll records must be made available upon request to
the public for inspection or copies thereof made; provided, however, that a request by the public must be made
through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If
the requested payroll records have not been previously provided to the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, the requesting party must, prior to being provided the
records, reimburse the cost of preparation by the Contractor, Subcontractors and the entity through which the
request was made; and the public may not be given access to such records at the principal office ofthe Contractor;
(iv) the Contractor must file a certified copy ofthe payroll records with the entity that requested such records within
ten (10) calendar days after receipt of a written requesu (v) any copy of records made available for inspection as
copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to
prevent disclosure of an individual's name. address and social securify number. The name and address of the
Contractor or any Subcontractor, of any tier, performing a part of the Work must not be marked or obliterated, The
Contractor must inform the City of the location of payroll records, including the street address, City and county and
must, within five (5) working days, provide a notice of a change or location and address.
H, Forfeiture for Failure to Comply with Written Record Request laws
The Contractor or Subcontractor shall have ten (10) calendar days in which to comply, subsequent to receipt of
written request regarding Certified Payroll Records or Basic Payroll Records, In the event Contractor or a
Subcontractor fails to strictly comply after such 10-day period, the Contractor or Subcontractor shall, as a penalty to
the City, forfeit Twenty-Five Dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, these penalties shall be withheld from any portion of the Contract Price then or thereafter
due the Contractor. A Contractor is not subject to a penalty assessment pursuant to this paragraph due to the
failure of a Subcontractor to comply with this section.
I. Hours of Work
1, Limits on Hours of Work - Pursuant to Labor Code 51810, eight (8) hours of labor shall constitute a legal
day's work. Pursuant to Labor Code 51811, the time of service of any worker employed at any time by the
Contractor or by a Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and
restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar weelt
except as hereafter provided. Notwithstanding the foregoing provisions, Work performed by employees of
Contractor or any Subcontractor, of any tier, in excess of eight (8) hours per day and forty (40) hours during
any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per
day at not less than one and one-half (1y2) times the basic rate of pay.
2. Penalty for Excess Hourls - Pursuant to Labor Code 551813 and 1815, the Contractor shall pay to the City
a penalty of Twenfy-five Dollars ($25.00) for each worker employed in the execution ofthe Contract by the
Contractor or any Subcontractor, of any tier, for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar
weelg in violation of the provisions of the California Labor Code, unless compensation to the worker so
employed by the Contractor is not less than one and one-half (1/z) times the basic rate of pay for all hours
worked in excess of eight (8) hours per day.
3. Contractor Responsibility For Cost of Excess Hours - Any Work performed by workers necessary to be
performed after regular working hours or on Sundays or other holidays must be performed without
adjustment to the Contract Price or any other additional expense to the City.
J. Responsibility for subcontractors' Payment of Prevailing Wages
Pursuant to Labor Code 51774, the Contractor is responsible for ensuring that all Subcontractors of any tier comply
with requirements for payment of prevailing wages. Contractor is responsible for Labor Code violations by
Subcontractors of any tier. The agreement executed between the Contractor and each Subcontractor must contain a
copy of the provisions of Labor Code 55 177L, 1775, 1777.5, 7873 and 1815, at a minimum. Contractor must
monitor each Subcontractort payment of prevailing wage rates. Upon becoming aware of the failure of any
Subcontractor of any tier to pay its workers the specified prevailing wage, the Contractor must diligently take action
to halt and rectiry the failure, including, without limitation, retaining sufficient funds due to the Subcontractor to
cover the underpayment. Before making final payment to any Subcontractor, the Contractor must obtain an affidavit
from the Subcontractor, signed under penalty of perjury, which states that the Subcontractor has paid the specified,
determined prevailing wage rate to its employees for the Project, as well as any amounts due pursuant to Labor
ATTACHMENT TO PART I_ PW REV 103113
Code $1813. Contractor must provide copies of such affidavits to the City and provide Contractor's affidavit that it
has paid the specified, determined prevailing wage rate to its employees for the Project, as well as any amounts due
under Labor Code 51813.
K. Statement of Employer Payments
Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer
Payments (DSLE Form PW 26) must be completed and submitted to the City by each Contractor and Subcontractor
who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes
pension contributions. The form must contain, for each worker classification, the fund or trust name, address,
administrator, and amount per hour contributed and frequency of contributions. Training fund contributions must
also be reported on this form. In February and August of each year during the Project, the Contractor and
Subcontractors of any tier must veriry changes in wage rates for any trade classifications used on the Poect.
Thereafter, Contractor and its Subcontractors must submit a new Statement of Employer Payments to the City which
reflects any changes in wages and benefits.
L. Apprentices
1. Apprenticeship Committee Contract Award Information - Pursuant to Labor Code 51777.5 and 'l'itle 8
California Code of Regulations 5230, Contractor and Subcontractors of any tier who are not already
approved to train by an apprenticeship program sponsor must, within ten (10) calendar days of signing the
Contract or Subcontract, as applicable, but in any event prior to the first day in which the Contractor or
Subcontractor has workers employed on the Project, submit contract award information. This information
may be a Public Works Contract Award Information form (DAS form 140). The contract award information
must be provided to the appropriate local apprenticeship commiftees whose geographic area ofoperation
include the area of the Project and can supply apprentices to the Project. Contractor and Subcontractors
must also submit a copy of the form to the City which must include, in addition to other information, an
estimate of journeymen hours to be performed under the Contract or Subcontract, the number of
apprentices to be employed, and the approximate dates the apprentices will be employed. Failure to
provide contract award information, which is known by the Contractor or Subcontractor, shall be deemed to
be a continuing violation for the duration of the Contract.
2, Employment of Apprentices - Labor Code 57777.5 and Title 8 California Code of Regulations 55200 et
seq. provide detailed requirements for employing apprentices on public works. The responsibility of
complying with Section t777.5 and the regulations lies exclusively with the Contractor. When the
Contractor of Subcontractor employs workers in any Apprenticeable Craft or Trade, the Contractor and
Subcontractor must employ apprentices in at least the ratio set forth in Labor Code Section 1777.5.
Every apprentice employed to perform any of the Work must be paid the prevailing rate of per diem wages for
apprentices in the trade to which such apprentice is registered, and such individual must be employed only for
the work of the craft or trade to which such individual is registered.
Only apprentices, as defined in California Labor Code 53077, who are in training under apprenticeship standards
and written apprenticeship agreements under California Labor Code 553070 et seq. are eligible to be employed
for the Work. The employment and training of each apprentice shall be in accordance with either of the
following:
(1) The apprenticeship standards and apprentice agreements under which such apprentice is training; or
(2) The rules and regulations of the California Apprenticeship Council, including regulation Section 230.1 (c),
which requires that apprentices employed on public projects can only be assigned to perform work of the craft
or trade to which the apprentice is registered and that the apprentices must at all times work with or under the
direct supervision of journeyman/men.
3. Apprenticeship Certificate and Request for Dispatch of Apprentices
a. When the Contractor or any Subcontractor of any tier in performing any of the Work employs workers in
any Apprenticeable Craft or Trade, as defined in Paragraph L(4), the Contractor and such Sukontractor
may apply to the loint Apprenticeship Committee administering the apprenticeship standards of the
craft or trade in the area of the site of the Work for a certificate approving the Contractor or such
Subcontractor under the apprenticeship standards for the employment and training of apprentices in the
area or industry affected, provided, however, that the approval as established by the loint
Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of
Apprenticeship. The Joint Apprenticeship Committee or Committees, subsequent to approving the
Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or such
ATTACHMENT TO PART I_ PW REV 103113
Subcontractor in order to comply with Glifornia Labor Code 97777.5. Therc shall be an affirmative
duty upon the Joint Apprenticeship Committee or Committees, administering the apprenticeship
standards of the crafu or trades in the area of the site of the Worl! to ensure equal employment and
affirmative action and apprenticeship for women and minorities. Contractors or Subcontractors shall not
be required to submit individual applications for approval to local Joint Apprenticeship Committees
provided they are already covered by the local apprenticeship standards.
b. Contractors who are not already approved to train apprentices must request dispatch of required
apprentices from one of the applicable Apprentices Committees whose geographic area of operation
includes the site of the Project by giving the committee actual notice of at least forty-eight (48) hours
(excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are
required. Contractors and Subcontractors may use DAS form 142 to make the request for apprentices.
However, if a non-signatory contractor declines to abide by and comply with the terms of a local
committee's standards, the Apprenticeship Committee shall not be required to dispatch apprentices to
such contractor. Conversely, if in response to a written request, an Apprenticeship Committee does not
dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance
with either the Apprenticeship Committee's Standards or the California Apprenticeship Counsel
Regulations (Title 8, Section 230 efseq.) within 72 houB ofsuch request (excluding Saturdays, Sundays
and holidays) the contractor shall not be considered in violation of Section 230.1 as a result of failure to
employ apprentices for the remainder of the Project, provided the contractor has made the request in
enough time to meet the required ratio. If an Apprenticeship Committee dispatches fewer apprentices
than the Contractor or Subcontractor requested, the Contractor or Subcontractor shall be considered in
compliance if the contractor employs those apprentices who are dispatched, provided that, where there
is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices, a
Contractor or Subcontractor who is not a participant in an apprenticeship program has requested
dispatch from at least two committees.
Ratio of Apprentices to Journeymen
a, The ratio of Work performed by apprentices to journeymen, who shall be employed in the Worl! may be
the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship Committee
operates, but in no case shall the ratio be less than one hour of apprentice work for every five hours of
labor performed by a journeyman, except as otherwise provided in California Labor Code 51777,5, The
ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any
journeyman is employed at the site ofthe Work and shall be computed on the basis of the hours worked
during the day by journeymen so employed, Any Work performed by a journeyman in excess of eight
hours per day or 40 hours per week shall not be used to calculate the ratio. The Contractor must employ
apprentices for the number of hours computed as above before the end of the Contract or subcontract,
as applicable, The Contractor must, however, endeavor, to the greatest extent possible, to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at
the site of the Work. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade,
the Division of Apprenticeship Standards. upon application of a Joint Apprenticeship Committee, may
order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade
classification.
b. The Contractor or any Subcontractor covered by this Paragraph and California Labor Code 51777.5, that
has agreed to be covered by an Apprenticeship Programt standards, upon the issuance ofthe approval
certificate, or that has been previously approved in such craft or trade, must employ the number of
apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards, but in
no event less than the 1-to-5 hourly ratio. Upon proper showing by the Contractor that it employs
apprentices in such craft or trade in the State of California on all of iLs contracts on an annual average
of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may
grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in this Paragraph
and California Labor Code 51777.5.
Exemption - The requirement to employ apprentices shall not apply to contracts of general contractors, or
to contracts of specialty contractors not bidding for work through a general or prime contractor, involving
less than Thirfy Thousand Dollars ($30,000.00) or twenty (20) Working Days. The term "Apprenticeable
Craft or Trade," as used herein shall mean a craft or trade determined as an Apprenticeable occupation in
accordance with rules and regulations prescribed by the Apprenticeship Council.
ATTACHMENT TO PART I_ PW REV 1031 '13
5. Contributions to Trust Funds - The Contractor or any Subcontractor of any tier who performs any of the
Work by employment ofjourneymen or apprentices in any Apprenticeable Craft orTrade shall contribute to
the California Apprenticeship Council in the same amount that the Director determines is the prevailing
amount of apprenticeship training contributions in the area of the Project. Contractor or any Subcontractor,
of any tier, may take as a credit for payments to the Council any amounts paid by the Contractor or
Subcontractor to an approved apprenticeship program that can supply apprentices to the Project.
Contractors who do not contribute to an apprenticeship program must submit their contributions to the
California Apprenticeship Council. Training Fund contributions are due and payable on the 15th day ofthe
month for work performed during the preceding month. Training contributions to the California
Apprenticeship Council shall be paid by check and shall be accompanied by a Completed Training Fund
Contribution form (CAC-z). Contractors who contribute to an apprenticeship program are entitled to a full
credit in the amount of those contributions. The Division of Labor Standards Enforcement ls authorized to
enforce the payment of such contributions to such fund(s) as set forth in California Labor Code 5 227. Such
contributions shall not result in an increase in the Contract Price.
7. Contractor's Compliance - The responsibility of compliance with this Paragraph for all Apprenticeable
Trades or Crafu is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship
Committee(s) under this Paragraph are subject to the provisions of California Labor Code 53081. In the
event the Contractor willfully fails to comply with the provisions of this Paragraph and California Labor Code
51777.5, pursuant to Glifornia Labor Code 97777.7, the Conlractor shall: (i) be denied the right to bid on
any public works contract for a period of one ( 1) year from the date the determination of non-compliance is
made by the Administrator of Apprenticeship; and (ii) forfeit, as a civil penalty, One Hundred Dollars
($100.00) for each calendar day of noncompliance. Notwithstanding the provisions of California Labor Code
51727, upon receipt of such determination, the City shall withhold such amount from the Contract Price then
due or to become due. Any such determination shall be issued after a full investigation, a fair and impartial
hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by
the California Apprenticeship Council. Any funds withheld by the City pursuant to this Paragraph shall be
deposited in the General Fund or other similar fund of the City. The interpretation and enforcement of
California Labor Code 987777.5 and U77.7 shall be in accordance with the rules and procedures of the
California Apprenticeship Council.
ATTACHMENT TO PART I_ PW REV 103113
PART II. CITY OF VERNON SPECIAT PROVISIONS - SPECIFIC FOR THIS PROJECT
lr-1.01scoPE oF woRK
1. The contractor shall furnish and install one new 300KW Cummins Diesel Generator, equipped with diesel
particulate filter, in accordance with the specifications listed in Part No. III. The proposed generator is to be used in
place of the existing 250KW Kohler diesel generator located at the City Hall basement. The emergency power needs
include, lighting, backup power for Cifyt telephone, computer systems, and operation of Police & Fire Departments
located in the City Hall.
2. The Cummins Generator shall be brand new, unused and guaranteed from defects in material, design and
workmanship,
3. The proposed emergency generator may be installed in the City Hall basement (Under Alternative No. 1), or at
the ground level (Alternative No. 2) on a concrete pad in a vacant lot at the rear of the City Hall building (see the
Site Map Drawing, Attachment No. 1).
4. Under Alternative No. 2, construct a concrete pad for the placement of the diesel generator with double walled
base fuel tank. Run electrical conduit a minimum of 30" deep, routed as shown on Attachment No. 1.
5. Furnish and install double walled base fueltank (Alternative No. 2 only) with capacity to supply fuel for 72 hours
of emergency operation at 100o/o load.
5. Provided electrical cable e)Cension and associated components for connection to the electrical panels/transfer
switch in the City Hall building basement, The electrical cable can be routed underground from the proposed location
(see Site Map Drawing, Attachment No. 1).
7. The contractor shall prepare design drawings including underground conduit placement, foundation design for the
generator installation, and obtain no fee permits from the Vernon Building Department prior to the commencement
of work.
8. The emergency generator must properly work with the automatic start transfer switch and other electrical
connection equipment currently installed at City Hall.
9. The bidding contractor must have a valid State of California business license, valid State of California Engineering
Contractor Class (B) License or C-10 License.
10. The contractor is to install the emergency diesel powered generator in accordance with the current California
building code and electrical national code as adopted by the City. The contractor is to secure all necessary permits
and approvals from the City and SCAQMD for installation of the diesel generator and associated diesel particulate
filter.
11. All attachments, equipment or accessories not specifically listed in this bid request must conform to the best
practices known within the emergency generator industry in trade, quality, workmanship and design.
12. The Contractor shall provide a temporary standby power generator (minimum of 250 t(W) and allthe cables and
connections to supply back up power during the period that the new diesel power generator is being installed.
onsite staff training need to be provided by the contractor for operation of the backup generator. The backup
generator shall be onsite until the newly installed diesel generator has been tested and is fully operational.
13. The contractor/generator supplier shall provide a 2 hour start up test by load bank and conduct onsite staff
training. Two copies of the manual on equipment operation and maintenance need to the City.
14. The contractor shall remove and dispose of existing Kohler 250KW generator (Alternative Nos. 1 and 2) in
accordance with state and federal regulations. Under Alternative No. 1, the contractor shall reuse the existing fuel
line from the city yard fuel tanks. Under Alternative No. 2, the contractor shall cap the fuel line at the basement wall
in accordance with industry standards.
PART II- SPECIAL PROVISIONS
II-1
REV 12t10t13
15. The proposed generator shall be guaranteed for a period of five (5) years trouble-free operation. The vendor
shall furnish and replace, with no cost to the City, any equipment or part that is defective or shows signs of undue
wear within five (5) years after acceptance of the contract work. A warranty certificate shall be issued, upon
acceptance of the work, to the City reflecting an effective date the warranty coverage commences.
15. The contractor/generator supplier shall furnish two (2) complete bound sets of owner's manuals providing
instructions for the operation, adjustment, lubrication, and maintenance of the proposed generator.
17, The contractor, upon delivery, shall perform a walk-around and detailed inspection with a designed City of
Vernon representative. The City of Vernon's acceptance of the delivered unit will be contingent upon the subject
unit's conformance with the specifications listed in Part No. III. The inspection of the work shall not relieve the
contractor of any obligation to fulfill the contract and/or complete the project described.
18. The proposed generator is to be pre-approved by the SCAQMD for operation within the area jurisdiction.
II-1.02 CONTRACT PLANS
The contract plans consist of Attachment No. 1.
[-1.03 SPECIFICATTONS
For the purpose of this contract, the Detailed Technical Specifications and the "GREENBOOK" SIANDARD
SPECIFICATIONS FOR PUBUC WORKS CONSTRUCflON (2012) Edition shall apply.
II-1.04 CONTRACT LENGTH
70 days from commencement of work.
II-1.05 DELAYS AND EXTENSIONS OF TIME
The Provisions of Section 5-5 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply
except as modified and supplemented below.
The second paragraph of subsection 6-6.1 hereby deleted and the following paragraph shall be inserted in its place:
No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials,
equipment and labor, except as authorized by the Engineer. The length of the contact time stipulated includes any
time which may be required to obtain materials, equipment, and labor. The Contractor shall be deemed to have
ascertained the availability of materials, equipment and labor and considered same in its construction schedule.
I!-1.06 QUALITY OF WORK
The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications shall apply.
In addition, any work deemed unacceptable ty the Engineer, whether a cause is determined or not, shall be
repaired or replace by the Contractor at his expense.
lt-1.07 UqUIDATED DAMAGES
In accordance with Section 5-9 of the Standard Specifications, for each consecutive calendar day required to
complete the work in excess of the time specified herein for its completion, as adjusted in accordance with
Section 5-5 of the Standard Specifications, the Contractor shall pay to the City, or have withheld from monies
due it the sum of $1.500.
PART II - SPECIAL PROVISIONS
fi-2
REV 12t10t13
IF2.O1 SCHEDUTING OF WORK
The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The
construction schedule shall show the sequence of work, critical path and estimated time for completion of each
segment of work. This schedule must be reviewed and accepted by the City Engineer, or his/her designee,
before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed
schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and
submitted to the City every other Monday during the construction period. The Contractor shall give forty eight
(48) hours' notice to the City Engineer prior to the start of work, All required overtime work shall be approved,
in advance, by the Cify Engineer, The normal work schedule will be Monday through fuiday, TiOO a.m. to 5:00
p.m.
II.3.O1 EXTRA WORK
In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable
to both parties, payment shall be made based on time and materials as follows:
Work by Contractor: The following percentages shall be added to the Contractor's costs and shall constitute
the markup for all overhead and proflts:
a) 1abor.................. ........................,..20o/o
b) Materials............. .................,......... 150/o
c) Equipment Renta1................. ..........150/o
d) Other ltems and Expenditures .........L5o/o
Work by Subcontractor: When all or any part of the odra work is performed by a Subcontractor, the above
markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of
subcontractors used. In addition, a markup of 10 percent on the first $5,000 of extra work and a markup of
5 percent on work in excess of $5,000 may be added by the Contractor,
The Contractor shall pay for any costs incurred for overtime inspection.
II-3.02 COMPLIANCE WITH LAWS, REGUIATIONS, AND SAFE PRACNCES
The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and
local statues, regulations, ordinances, rules, and governmental orders.
The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all
persons and property during performance of the work. This requirement will apply continuously and not be limited to
normal working hours.
Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of
the adequacy of the Contractor's safety measures in or near the job site.
I1-3.03 TRAFFIC REQUIREMENTS
Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City
Engineer, or his/her designee.
The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and continuous
passage for pedestrians and vehicular trafflc at all times. The Contractor shall provide and maintain all necessary
flagmen, barricades, delineators, signs, flashers and any other safety equipment as set-forth in the latest publication
of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe
passage of traffic.
rr.3
1)
3)
PART II _ SPECIAL PROVISIONS REV 12110/13
II.6.01 CONSTRUCTION ORDER OF WORK
Work within certain commercial areas of the various districts shall be scheduled so as to lessen the impact upon
businesses and dining establishments.
Requirements - General:
1) All construction shall conform to Sections 5-1 and 6-2 of the Standard Specifications and shall
proceed in a smoothr efficient. timely and continuous manner. As such, once construction is started
in a work area, the contractor will be required to work continuously in that work area until
construction has been completed and the work area is open and accessible to both vehicular and
pedestrian traffic in a manner approved by the Engineer before the nelt stage of work will be
allowed to begin.
Once construction is started in a work area, the Contractor shall not withdraw manpower or
equipment from that work area in order to start construction in another work area if done so, in the
opinion of the Engineer, delays the completion of the work presently under construction.
Unless otherwise stated, the Contractor shall maintain continuous access to all commercial
developments and businesses within the project limits, including store and restaurant entrances,
and drive approaches, unless the Contractor has obtained the approval of the Engineer to close
either such access or drive approach.
4) No stockpiling of material and construction equipment in or on public streets or sidewalks will be
permitted on this poect. Material and equipment placed in or on public streets, sidewalks and in
the construction area shall be used the same day.
The Contractor may elect to obtain a storage yard for his materials and construction equipment for the
duration of this contract in order that work on this project will proceed in an efficient manner. Said
storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be
maintained in a neat and orderly manner.
II-7.01 CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent,
intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately
discharged from the project on the requisition of the Engineer, and such person shall not be reemployed on the
work. If said individual has an ownership interest in the contracting entity, the Engineer will serve written notice
upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 5-4,
"Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the
Contract.
II-9.01 PROTECTION OF THE PUBLIC
The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from
danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will
require that immediate provisions be made to protect the public from danger or loss, or damage to life and property,
due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion for the Engineer, a
condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities
and/or protection of adjacent structures or property, the Engineer will order the Contractor to provide a remedy for
the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the
Engineer, or in the event of an emergency situation, theEngineer may provide suitable protection by causing such
2)
3)
PART II _ SPECIAL PROVISIONS REV 12/10/13
work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and
necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary shall be
borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final
payment due to the Contractor.
PART II _ SPECIAL PROVISIONS
II-5
REV 12110/13
PART III-SPECIFICATIONS
3OOKW CUMMINS DIESEL POWER GENERATOR
1. 300KW Cummins Diesel Power Generator:
o Model No. QSL9-G7.
. EPA Family No. ECEXLO540AAB (8553).
. Configuration: Cast lron, in-line 5 cylinder,4 cycle, 8.9 liters.
. Aspiration: Turbocharged and CAC.
. Manufacturer Maximum Rating: 454 BHP, 1800 RPM.
. 480 Volts, 3 phase, in compliance with EPA Tier lll and AQMD rule 1470. To be equipped with
Johnson Matthey diesel particulate filter onsite, with a mlnimum Particulate Matter Control
efficiency of 85%.
. Alternator, 50 HZ, Meters AC output analog.
. Generator set control display in English language.
. Stop emergency switch externally mounted.
. Engine cooling radiator, shut down coolant level.
. Engine air cleaner, normal duty.
. Battery charger, 12 Amp, regulated.
UL 2200 Listed Packages.
. Contractor shall furnish A 200KW enclosed load bank unit (Avtron or compatible brands,240/48O
volts, 3 phase, 50 HZ) with vertica I exhaust air flow outlet, capable of supplying a minimum of 60%
load on the emergency generator.
. The generator shall not exceed 65 decibels at 25-feet.
and fuel spill containment basin, and extended vent line.
EXHIBIT B
BIDDERS PROPOSAL
APPENDX 6'A" - Forms to be Completed by Bidder
BIDDER'S CITECKLIST
TO THE BIDDER:
The following list is provided for the convenience of both you and the City and to help eliminate
errors and omissions which may render your bid unacceptable. Please check all appropriate
boxes and submit with your bid.
IDENTITY CONT'IRMATION
SI]BCONTRACTOR LISTING/SHORING DESIGN
AFFTDAVIT OF NON-COLLUSTON (STGNED By BIDDER)
LIVING WAGE COMPLIANCE CERTIFICATION
VENDOR LIST QT]ESTIONNAIRE & EQUAL OPPORTUMTY
EMPLOYMENT & NON.SEGREGATION
BP-(a)
BP-(b)
BP-(c)
BP-(d)
AA FORMS
Bids are to be signed and submitted in TRIPLICATE. Bidder must submit
bids in an ORIGINAL AND TWO COPIES.
AII bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with
the title of the bid and the bidder's name and address appearing on the
outside.
Bids should be addressed to:
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Mail sufficiently early or deliver in person before the time and day listed in
the Notice Inviting Bids. Bids must be received in the City Clerk's Office
before that time.
BIDDER'S PROPOSAL
TO
TO FURNIS}I AND INSTALL ONE NEW 3OOKI,I, CUMMINS DIESEL
POWER GENERATOR
NOTE: ALL BID ITEMS REFER TO THE SCOPE OF WORK AND TECHNICAL SPECIFICATIONS. THE LOWEST BIDDER
SHATI BE DETERMINED BASED UPON THE PRICE QUOTED ON THIS FORM FOR THE LOWER COST OF
ALTERNATIVES 1 OR 2. THE GMND TOTAL COST SHALL REFECT EITHER ALTERNATIVE NO. 1 OR 2; WHICHEVER
IS LOWER. THE QUOTED PRICE SHAtr ENCOMPASSTHE ENTIRE COSTOFTHE PROJECTINCLUDTNG GENERATO&
ELECTRICAL MRES, TNSTALLATION OF A TEMPOMRY STANDBY GENERATO& AND REMOVAL AND DISPOSAL OF
THE DOSTTNG KOHLER GENSET (ALTERNATIVES 1 & 2).
TOTAL $LrG
(Also, enterTotal attop of page dR-f1
ALTERNATIVE NO. 1
FURNISH AND INSTALL ONE NEW 3OOKW DIESEL
POWER GENERATOR AND RELATED EQI'IPMENT IN
THE BASEMENT OF CITY HALL. REMOVE EXISTING
GENERATOR FROM TTIE BASEMENT LOCATION.
COMPLETE IN PLACE AT A LUMP SUM PRICE.
ALTERNATIVE NO.2
FURNISH AND INSTALL ONE NEW 3OOKW DIESEL
POWER GENERATOR, DOUBLE WALLED FUEL TANK
AND RELATED EQUIPMENT IN CITY YARD. INSTALL
GENERATOR AND FUEL TANK ON CONCRETE
FOUNDATION. REMOVE EXTSTING GENERATOR.
COMPLETE IN PLACE AT A LUMP SUM PRICE.z,gs1o4
LOWER PRICE OF ALTERNATTVE 1 OR 2 . GRAND 2t6,^tt("0
cs-0484
BP.2
GMNDTOTAL $
The undersigned Bidder agrees to commence work within fifteen (15) calendar days from the date issuance of a
Notie to Proceed and proposes and agrees b have all work completed within [insert contract length] of the
contract time commences.
The undersigned Bidder acknowledges receipt of the foltowing addenda issued for the above project. If no
addenda have been received, write "none". FAILURE TO ACKNoWLEDGE RECEIPT oF ANy ADDENDA ISsuED
WILL RENDER THE CONTACTOR'S BID NON.RESPONSIVE.
List of addenda Received:
PLEASE SEE PART I SECTION 2.01.3 RI
Bidder shall execute the following (Appendix "AJ:
Paoe
1. Identity Confirmation Bp-(a)
2. Subcontractor Listing/Shoring Design Bp-(b)
3. Affidavit of Non-Collusion Bp-(c)
4. Living Wage Compliance Certification Bp-(d)
5. Vendor List Questionnaire & Equal Opportunity Employment & Non-Segregation AA FORMS
employee of the City of Vernon.
Bidde/s Proposal
Respectfully Subm itted,
(If a Bidder is a corporation,
its seal must be impressed hereon)
California State Contractor's License No.1CL3o4-
California Corporation No.
by@
Authorized Signatory
cs-0484
BP.3
APPENDX "A" - Forms to be Completed by Bidder
IDENTITY CONFIRMATION
Contractor's Name
Off,rce Address
If an individual, so state
If a partnership, corporation or firm, so state, giving the names and addresses of
individuals constituting the organization.
lf a corporation, give the following information:
Name of President
Name of Secretary
Organized under the laws of the State of
Name and address of local representative
U\',f"tv^rra-
rerephone: OA) U14- 3 20 |
Fax: (f "9 U14 - a 2o I
(Here attach a certificate in form to confirm 1) the identity of the bidder or officer who signs
above, 2) the fact that he is the officer named, and 3) his authority to bind the bidder).
De,rn'^.i s
BP-(a)
APPENDX "A" - Forms to be Completed by Bidder
SUBCONTRACTOR LISTING/SHORING DESIGN
SUBCONTRACTOR LISTING
Description of Work
Eln cf/i,o \
SHORING DESIGN
If shoring is required as part of this project, then the Civil or Structural Engineer who design this
shoring is to be listed below, even if said Engineer is employed by the Contractor. If no shoring
is required, write "NONE'.
Engineer Names (s)Description of Work
N),\
?s,r Ty,i%lniY^t*
BP-(b)
APPENDX "A" - Forms to be Completed by Bidder
AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
)ss
couNTY oF LOS ANGELES )
De-w*l s S'fo&ton , being first duly sworn deposes
and says
\
that he/she is f
(lNert name of bidds)
who submits herewith to the City of Vernon a proposal;
That all staternents of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone
attempted to inducp action prejudicial to the interest of the City of Vernon, or of any other bidder or
anyone else interested in the proposed contmct; and further
That prior to the public opening and reading ofproposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said
bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from
bidding or withdraw his proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference
with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix
any overhead, profit or cost element of his proposal price, or of that of anyone else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the
contents thereof, or divulge information or data rclativc thereto, to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof, or to any
individual or group of individuals, except the City of Vernon, or to any person or persons who
have a partnership or other financial interest with said bidder in his business.
I certity under penalty of perjury that the above information is co
ny: SP ritre:
(Insert 'Sob Owner", "Partner", "Presideni, ''Secrehry", or other proper title)
oate: rr-\l{l{
BP-(c)
APPENDX "A" - Forms to be Completed by Bidder
LIVING WAGE COMPLIANCE CERTIFICATION
This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code
Chapter2 Article XVIIL The Ordinance requires that contractors providing labor or services to
the City under contracts in excess of $25,000:
t Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or
eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all
employees who spend any of their time providing labor or delivering services to the City of
Vernon. Additionally, in July lst of each year thereafter the Living Wage rate shall be
adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for
the Los Angeles area, for the most recently available 12 month period. Accordingly, current
City contractors will be required to adjust wage rates no later than July lst, to remain in
compliance.
o Notify employees who spend any of their time providing labor or delivering services to the
City of Vemon who make less than twelve dollars ($12) per hour of their possible right to the
federal Earned lncome Tax Credit (EITC) under $ 32 of the Internal Revenue Code of 1954,
26 U.S.C. $ 32, and making available to such employees forms required to secure advance
EITC payments.
The selected contractor will be required to evidence compliance with the Living Wage
Ordinance by submitting payroll records as requested by the City. Each record shall include the
full name of each employee performing labor or providing services under the contract; job
classification; rate of pay and benefit rate.
On August 4,2008, the Vernon City Council amended the Living Wage Ordinance such that the
provisions of the Living Wage Ordinance may be waived in a bona hde collective bargaining
agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this
provision applies, you must provide a copy of the collective bargaining agreement to the City.
I do hereby certify and that if awarded the contract for which
this bid/proposal is made will comply with the
(Name of Company)
requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article
XVm and the rules and regulations promulgated thereunder. I understand that failure to comply
with the provisions of the Vernon Living Wage Ordinance may result in termination of the
contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII.
::H rL\za\,t
(Signature)(Date)
Please return this form with your bid/proposal. Questions conceming the Living Wage Ordinance should be
directed to the Department of Finance - Purchasing Division 323.583.881 l.
BP-(d)
APPENDIX'4" - Forms to be Completed by Bidder
Purchasing & Payables Division
4305 Santa Fe AvenueVernon, CA 9005E
(323) s83-881r
Fax (323) 826-1433
Internet: www.cityofvernon.org/departmentyfinance
Article I. Vendor List Questionnaire (Form AA-1)
Article II. Affidavit of Equal Opportunity Employment & Non-segregation
In order to be placed to the City's vendor list and be eligible to receive City business, you must provide
the following information except where indicated as "optional". By submitting this form you are
declaring under penalty of perjury under the laws of the State of California and the laws of the United
States that the information is true and correct. Furthermore, you are certifying that your firm will adhere
to equal opportunity employment practices to assure that applicants and employees are not discriminated
against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your
firm does not and will not maintain or provide for its employees any segregated facilities at any of its
establishments, and that it does not and will not permit its employees to perform their services at any
location, under its control, where segregated facilities are maintained.
3 2ol
Fax number
9zzn
Nanre of Company . Business Telephone
Address Sfu A o\ G14-32o7-
nal)
Tax ID Number (or Social Security Number)
Remit Address (if different)
Small and Micro Business Preference Program: If certiflred by Cal General
Services as a small or micro business, please provide DGS Reference Visit the
Purchasing Division website for additional information.
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please
check all that apply):
African-American_ Asian_ Armenian _ Hispanic_ Native American_
Disabled Female
the type(s) of goods and services your compaly prgv
AA FORMS
APPENDX "A,'- Foros to bc Conplcted by Bidder
Proiect WorHorce Utilization lTorm AA-2)
This folm is to be hcluded in all bid documeots for projects itrvolving labor or services valued at $25,000 or more.
Instructions: Please indicaE the job titles/classihcations to be us€d in the performaoce of this contract should it be awarded to your fum. Pleas€
Name of Company:ejel ?ouu, Gn r*,rator
Job Title s/Classification Estimated number of existing staff to be employed
in this classification if awarded the contract
Estimated number of new hires to be employed
in this classification if awarded the contract*fo i or* Mar'.-,,ur o
e ,Zt ri n* e-n A, -.{o
Are any current employees or
potential new hires Vernon
residents? If so, how many?
AA FORMS
indicate the number of
I
l
I
APPENDD( "A" - Forms to be Completed by Bidder
Current Permanent Workforce Utilization (Form AA-3)
OPTIONAL
Corpletion oflhis form is OPTIONAL. Any information supplied by vcndors is for r€porting pu4oses only &nd wil not bc factq€d into the award ofany
contmct.
[rshuctiotra: Pleas€ indicate the nutnber of enptoye€s in each ,ob Classifrcslion betonging to the foltowing groups.
White
(not of Hispanic
origin)
African-American
(not of Hispanic
orisin)
Hispanic Asian/Pacific
Islander
Native
American
Armenian Male Female
CLASSIFICATION
Officials/
Manasers
Professionals
Technicians
Office/Clerical
Skilled Craft Workers
Operators
(semi-skilled)
Laborers
Service Workers
TOTAL
AA FORMS
BID BOND
KNOW ALL MEN BY THESE PRESENTS, thAt WE Cora Constructors, lnc.
75140 St. Charles Place, Suite A, Palm Desert, CA 92211
as Principal, hereinafter called the Principal, and Western Surety Company
a corporation duly organized under the laws of the State ot South Dakota as Surety, hereinafter
called the Surety, are held and firmly bsun6 ,n16 City of Vemon
4305 Santa Fe Avenue, Vemon, CA 90058 as Obligee, hereinafter called the Obligee, in the sum of
Ten Percent Total Amount of Bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Do ars ($l!%jM!4gl!E_).
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents
VVIIEREAS, the Principat hassubmitteda bid for____fumSn & lnstall 300 kw Cummlns Diesel Powered Generator
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordanc€ with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereol or in the event of the failure of the Principal to enter such Contracl and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otheMise to remain in full force and effec1.
Signed and sealed this 1zth day of December 2014
(Witoess)
(Witness)
...
ftinbd in coopqration withthe Anorican lnstlub ofArchitec{s (AlA) by the C}.lA lnsurance Compeni}s.
The languags h this docurEnt conforms exacily to the language used in AIA Dclrnent A31 0 - Bi, Bond - February 'l 970 Editbo.
G'108041-A
Dennis Stockton, President
Susan C. Monteon, Attomey-in-F8ct
Cora Constructors, lnc.
ACKNOWLEDGMENT
State of California
County of Riverside
9n 29 Decembet 2014 before me,Penny Ham, Notary Public
(insert name and title of the officer)
personally appeared Dennis Stockton
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), orthe entity upon behalf of which the person(s) acted, executed the instrumenl.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WTNESS my hand and official seal.
Signature (Seal)
PEtI]iY HAM
Conr tllor t 209!2tt
ilofiy Public - Calllc t
Rlvar!ld6 County
Colrlrl. ErDl]cs 0.c 12
CALIFORN IA ALL.PU RPOSE AGKNOWLEDGMENT
STATE OF CALIFORNIA
)County of Riverside
On December 12,2014 before me, Janelle L. Tuominen , Notary Public,
Date
personally appeared
lnserl Name of Notary exaclly as it appears on the offlcial seal
Susan C. Monteon
Name(s) of Signe( s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal
Place Notary Seal Above
OPT'ONAL
Thouoh the information below is not require d bV law, it may prove valuable to persons relying on the document- and could prevent fraudulent'removdl and reattichment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Pages:
Signer(s) Other Than Named Above:
Gapacity(ies) Claimed by Signer(s)
Signer's Name:
fl lndividual
Signer's Name:
E lndividual
fl Corporate Officer -Title(s):
! Corporate Officer --Title(s):
fl Partner E Limited E General
E Attorney in Fact
! Trustee
! Guardian or Conservator
E Partner E Limrted E General
E Attorney rn Fact
E Trustee
Top of thumb here ! Guardian or Conservator
! Other:! Other:
Signer is Representing:Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT:
M/estern Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know AII Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affrxed hereby
make, constitute and appoint
Susan C Monteon, Janelle L Tuominenr lndividually
of fuverside, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sigq seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acs of said
Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power ofAttomey is made and executed pursuant to and by authority ofthe By-taw printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this I 8th day of Septernber, 2014.
WESTERN SURETY COMPANY
my name and affixed the seal of the said corporation this 12th day of
Fom F4280-7-2012
Stateofsouth Dakota \ ss
County of Minnehaha t
On this l8th day of September, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY descdbed in and which
executed the above instrument; that he knows the seal ofsaid corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority givar by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed ofsaid corporation.
My commission expires
June 23, 20 I 5
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certiry that the Power of Atturaey hereinabove set forth is still in
force, and further certi$, that the By-law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
December ., _.__. 2914
WESTERI.{ SURETY COMPANY
.t
J. MOHR
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, poticies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
JURUPA COMMUNITY SERVICES DISTRICT
RIVERSIDE, CALIFORNIA
ADDEI\DUM NO. # 1
TO TI{E PLANS AND SPECTFICATIONS FOR
Clay Van Buren Lift Station Replacement
JCSD P.N. CI33404
Bidders are advised that the plans and specifications for the above referenced contract are hereby
amended in the following manner and the following manner only:
A. GENERAL
l.The District has performed the Radio Survey required by the specifications and has
determined that the height of the antenna shall be raised from the proposed 2O-feet to
30-feet tall. The Contactor shall use the modified detail on sheet l4 - delta I revision
attached as a basis of bid and provide final signed and stamped calculations by a
licensed Engineer in the State of Califomia showing the antenna pole foundation
sizing and reinforcement.
Bid Item 106 shall be revised to delete the radio survey and include the pole
foundation and associated signed engineering calculations as follows:
BID ITEM 106
Electrical Work: Provide secondary service, motor control equipment and concrete slab,
distribution system, and conduits, slurry backfill, wiring and connections, including all
required ducts, conduits and wiring for electrical service, power and control, etc.;
instrumentation equipment and panels; telemetry and control equipment, RTU, PLC's,
Pump Vision Controller, antenna, pole with foundation, signed engineering calculations
for foundation, lighting, grounding, arc flash report and labels; level transducers; relocate
SCE meter to proposed meter panel per SCE service plan, install testing and start up; and
all other electrical work as shown on the Drawings; all for the Lump Sum of:
3. The District will NOT furnish any plug valves for this project as referenced in SR-26.
Sheets 4 and 5 have been revised to show the change from three (3) District furnished
plug valves to (2) two Contractor furnished gate valves and necessary joining
methods.
a. Rather than installing a plug valve on the proposed tee (South) at Station I l+05
and a plug valve on the proposed tee (East), the Contactor furnish and install a
gate valve on the proposed tee (East). For the final connection at Station 1l+05
and shall drain the forcemain back to the wet well and be responsible for
pumping, collecting, hauling and dumping flows from the dewatering the
2.
G:V009\09-027nSpec\Adden\Add I doc Addendum No. I Page lof3
forcemain and influent flows lo the lift station during rhe final connection to the
existing E" forcemain stub out in Clay Street. See Sheet 5 - delta I revision
attached.
For existing connection to the existing 18" forcemain to be modified, two photos
are atiached ofthe existing vault interior. The Contractor shall fumish and install
a gate valve, DIP spool and Romac DJ400 Dismantling Joint. Sec Sheet 4 - delta
I revision attached.
Paragraph H of Section 26 of the Special Requirements shall be changed lo the
following; "There is a possibility that the newly installed l8-in forcemain will nor
be commissioned before the end of this contract to allow the Contractor to install
the final connection. Therefore, the Contactor shall allow for 60 days after the 240
day contract period has expired then re-mobilize and perform forcemain tie-in at
existing sub-out Station l0+38 and connecrion at Station I l+05 (sheet 5), rcmove
5' ofexisting forcemain under sidewalk and blind flange contracior fumished gate
valve and perform any final demolition, pavement repair or sidewalk replacement
associated with this work.
All sewer flows diverted and collected by vactor pumping htcks may be dumped into
the District's existing manhole No. 3l near the end of General Road. A map of the
manhole location is attached.
Builders All Risk insurance is not required for this project.
The sign-in sheet for the non-mandatory pre-bid meeting is attached.
Contract award date is anticipated to be January 27, 2015.
The last sentence of Paragraph 4 of the Notice Inviting Bids shall be changed to the
following: "All work under this conrract shall be completed and operational within
two hundred and forty (240) calendar days from rhe date District gives written
"Notice of Award" to the Coniractor."
4.
5.
6.
7.
8.
By:Ufu- n/s,lr
radley A. Sackeu, P.E.
C U00909.0277LSpcc\Addcn\A(H I doc Addendum No. l Page 2of 3
No. C65862
I
..r
Bidder shall include a signed copy of this Addendum No. I with the bid proposal.
Urlu.-Lo-, l^.
(Bidder's Signature)
G:\2009\09-027nSpec\Adden\Add I doc Addendum No. I Page 3of3
By:
/- v*a-*J ^ ^lz--
rintName)
Mll!UTES OF THE ri/lEETIl{G OF THE BOARD OF DIRECTORS Or
CORA COI!STRUCTORS ]I'IC
a California Corporaticr
The Board of Directors held its meeting at the following place and time
10:00 a.m.
Date: JANUARY 4,2005
Place. 74885 ijoni Drive, Suite 4, Palm Desert, CA92260
The sole director was present: Dennis E. Stockton who officiated as Chairman of the
meeting and acted as Secretary and recorded the minutes of the meeting.
AUTHORIZATION TO SIGN
The purpose of this meeting is to provide Dennis E. Stockton with authority to bind the
corporation by his signature for any and all documents deemed necessary to conduct
the business of the corporation. The motion was made and carried unanimously.
THEREFORE, BE IT RESOLVED, that Dennis E. Stockton is given authority to sign any
and all documents on behatf of Cora Constructors, lnc., and that such signature is
binding to the corporation.
There being no further business, on motion made and canied, the meeting was
adjourned at 10:'10 a.m.
RESPECTFU LLY SU BMITTED
\\r
Dennis E. Stotffi Secretary
e,'
EXHIBIT C
LIVING WAGE PROVISIONS
Ui!!i!!!g!!L!!vi!s-lryascs:
A requirement that Employers pay qualifying employees a wage of no less than $10.30
per hour with health benefits, or $11 55 per hour without health benefits.
Paid and Unpaid Oavs Off:
Employers provide qualifi/in9 employees at least twelve compensated days off per year
for sick leave, vacation, or personal necessity, and an additional ten days a year of
uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation againsl employees complaining to the City with
regard to the employer's compliance with the living wage ordinance Employees may
bring an action in Superior Court against an employer for back pay, treble damages for
willful violations, and attorney's fees, or to compel City offlcials to terminate the service
contract of violating employers.
RECEIVED
JAN I 5 2015
DATE:
TO:
RECEIVED
JAN I 3 20ls
January 20,2015
Honorable Mayor and City Council
CITY CLERK'S OFFICE CITY ADMINISTR
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
RE Quitclaim Deed and Fire Lane Easement- 2825 Santa Fe Avenue
Recommendation
It is recommended thatthe City Council:
l. Find that the attached Quitclaim Deed and Fire Lane Easement in this staff report are categorically
exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA
Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have
an effect on the environment; and
2. Accept the Quitclaim Deed and Fire Lane Easement and authorize the Mayor and City Clerk to
execute said document.
Background
As part of a property redevelopment, PPF Industrial 2825 S. Santa Fe Avenue, LP, a Delaware limited
partnership, is proposing to construct a new building over a portion of the existing fire lane easement on the
property. The City is requiring that the existing fire lane easement be quitclaimed and that a modified fire lane
easement be recorded. Attached herewith is a fully executed Fire Lane Easement by PPF Industrial 2825 S.
Santa Fe Avenue, LP and a Quitclaim Deed for the property located at 2825 Santa Fe Avenue, assessor's
parcel number 6302-006-025. The new ingress and egress easement to the City creates a fire roadway on the
site which must be maintained open and passable for oversized emergency vehicles, equipment and related
uses, and kept free and clear of all obstructions, temporary and permanent alike.
The easement has been reviewed and approved by the Code Inspector in the Fire Department. The Easement
and Quitclaim Deed have been approved as to form by the City Attorney.
Fiscal Impact
Acceptance of the proposed Fire Lane Easement and Quitclaim Deed has no fiscal impact.
SKW:lm
Attachment
PREPARED BY: Lissette Melendez Engineer &
APPROVED BY: Samuel Kevin Wi tor of Public Worls, Water & Development Seruicqs
RECORDTNG REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
c0Py
FIRE LANE EASEMENT
APN: PORTIONS OF 6302-006-025
DOCUMENTARY TRANSFER TAX IS NONE- NOT REQUTRED SEC. 11922
REVENUE TAXATION CODE
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED,
PPF INDUSTRIAL 2825 S. SANTA FE AVENUE, LP, a Delaware limited partnership
(Grantor)
HEREBY GRANT(S) TO:
City of Vernon, a body corporate and politic (the "Grantee")
A Fire lane Easement for ingress and egress purposes, maintained open and passable for
oversized emergency vehicles, equipment and related uses, free and clear of all obstructions,
temporary and permanent alike, and over that certain real property (the "Conveyed
Property"), as described in Exhibit "A" attached hereto and incorporated herein by this
reference, and as more particularly shown on the map attached hereto as Exhibit "B" and
incorporated herein by this reference. The Conveyed Property is a portion of the property
owned by the Grantor. The property is located in the City of Vemon, County of [,os
Angeles, State of California
nat": to l"\ /lrl
ttGrantortt
PPF INDUSTRIAL 2825 S. SANTA FE AVENUE, LP, a Delaware limited partnership
SEE NEXT PAGE for SIGNATURE
ATTACHMENT
By: PPF INDUSTRIAL GP, LLC, a Delaware limited liability company, its sole General Partner
By: PPF INDUSTRIAL, LLC, a Delaware limited liability company, its Member
By: PPF OP, LP, a Delaware limited partnership, its Member
By: PPF OPGP, LLC, a Delaware limited liabilily company, its General Partner
By: PRIME PROPERW FUND, LLC, a Delaware limited liability company, its Member
By: MORGAN STANLEY REAL ESTATE ADVISOR, lNC. , its lnvestment Adviser
State of California
County of 5r,o E-nuica
g, 3/ ochor.- 2ot/beforeme, .Feeoa 4- Ya4:. ,u/./.--, Pa6,/,c ,
personally appeared Jo s cph Eba/qz-'t
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere
subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in
hisiherltheir authorized capacity(ies), and that by his/lprltheir signature(s) on the instrument the
person(s), or the entity upon behalf on which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
forgoing paragraph is true and correct.
WITNESS my hand and official seal.
I
EXH IBIT ,'A"
LEGAL DESCRIPTION
27,WIDE FIRE ACCESS LANE EASEMENT
A PORTION OF LOT 3 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF
MISCELLANEOUS RECORDS, SAID PARCEL ALSO SHOWN AS PARCEL A IN DEED RECORDED
AS INSTRUMENT NO. 20121838859 IN DECEMBER 3, 2012 RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
A STRIP OF LAND 27.00 FEET WDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF SAID LOT 3
OF THE A.L. ROSS TRACT THAT IS SOUTH OO' 29, 47" EAST 33.50 FEET FROM THE
NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE;
THENCE SOUTH 89' 42, 38,, WEST 159.25 FEET PARALLEL WTH THE NORTHERLY LINE OF
SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS
LEGAL DESCRIPTION;
THENCE SOUTH 89' 42, 38'' WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT,
SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION;
THENCE SOUTH 89' 42' 38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT,
SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION;
THENCE SOUTH 89' 42' 38'' WEST 70,57 FEET ALONG SAID PARALLEL LINE TO A POINT,
THAT IS J3.50 FEET EAS]ERLY OF THE WESTERLY LINE OF SAID LOT 3;
THENCE SOUTH OO'31'.I8,'EAST 8O.OO FEET PARALLEL WTH THE WESTERLY LINE OF SAID
LOT J;
THENCE SOUTH 29' 28, 42,, WEST 2O.OO FEET TO A POINT, THAT IS 23.50 FEET EASTERLY
OF THE WESTERLY LINE OF LOT 3;
THENCE SOUTH OO'J1, 18,,EAST 16J.43 FEEI PARALLEL WTH THE WESTERLY LINE OF SAID
LOT 3;
THENCE NORTH 89'28'42,,EAST 1O.OO FEET TO THE POINT D AND POINT OF TERMINATION,
AND SAID POINT BEING THE CENTER OF A 32.00 FEET RADIUS TURN AROUND FIRE LANE.
FIRELANE EASEMENT
CITY OF IERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SCATE SEABOARD ENGINEERING CO.
1IOO S. 8EIERLY DRI\E. SIE 201
LOS ANGELES, CALIFORNIA 9OOJ5
rEL. (310) 277-73s7 FAX (31O) 277-7339
SEABOARDOSEABOARDENGCO.COM
JOB No't3-'loo
DRAYIN BY MD
o^lE 3ijf08f14
oHECKED 8Y MD PAGE 1 OF 2
EXHIBIT ,'A,,
LEGAL DESCRIP Tl0N (con tin u otion )
27,WIDE FIRE ACCISS LANE EASTMENT
TOGETHER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AI THE ABOVE DESCRIBED POINT A, THENCE NORTH OO'17'22" WEST 33.50 FEET
TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT.
TOGETHER WTH A STRIP OF LAND 25.00 FEET WDE LYING 12.50 FEET ON EACH SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE ABOVE DESCRIBED POINT B, THENCE NORTH OO'17'22" WEST J3.50 FEET
TO THE NORTHERLY LINE OF LOT 5 OF THE A.L. ROSS TRACT.
TOGETHER WTH A STRIP OF LAND 25.00 TEET WDE LYING 12.50 FEET ON EACH SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE ABOVE DESCRIBED POINT C, THENCE NORTH OO'17,22'' WEST 33.50 FEET
IO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT.
TOGETHER WTH A STRIP OF LAND 2O.OO FEET WIDE LYING 1O.OO FEET ON EACH SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE ABOVE DESCRIBED POINT D, THENCE NORTH 89'28'42'' EAST 41.50 FEET.
THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS
NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES.
PREPARED BY:
FIRELANE EASEMENT
CITY OF IERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SCALE SEABOARD ENGINEERING CO.
11OO S. BEVERLY DRI\E, STE 201
LOS ANGELES, CALIFORNIA 90035
TEL. (310) 277-7337 FAX (510) 277-7339
SEABOARD@SEABOARDENGCO. COM
JoB No. 13_100
oRAW{ BY MD
DAIE 0B/12/14
CHECKEO BY MD pnce 2 oF 2
I
EXHIBIT
,,8,,
N,LY CORNER
LOI 3
M.R. 36-72
NE,LY CORNER
OF LOT 3
M.R. 36-72
s 8942'J8" W
70.57'-
N 00'17'22" U/
3J.50'
N 0017'22" W
33.50'
N 0017'22" Wfi.sq'-s 0029'47" E
.^ ^^J3.50'-
s 00'31'18" E80.00'-T--
I
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27.00'
s oo311s" E
163.43',
I
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PARCEL B
INSIRUMENT N0. 2012r838859
REC.- 12/03/2012, O.R.
,*i\lX.rWV*,
t.-
FIRELANE EASEMENT
CITY OF \ERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SCALE l "=150'-0"SEABOARD ENGINEERING CO.
11OO S. BE\ERLY DRI\E, STE 201
LOS ANGELES. CALIFORNIA 90055
TEL. (310) 277-7s37 FAX (310) 277-73ss
SEABOARD@SEABOARDENGCO,COM
JoB No. 13_100
oRAW{ BY MD
oATE 08/12/1+
CHECKED BY MD plor 1 oF 1
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INSTRUMENT NO. 20121838859
REC. 12/03/2012, 0,R.
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certiff that interests in real property conveyed to or created in favor of the City of
Vernon by that certain Fire Lane Easement dated October 31,2014, executed by PPF Industrial
2825 S. Santa Fe Avenue, LP, a Delaware limited partnership, is hereby accepted by the
undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order by
the City Council of the City on January 20,2015, and the grantee consents to recordation thereof
by its duly authorized officer.
Dated:2015
CITY OF VERNON
W. MICHAEL MCCORMICK, Mayor
ATTEST:
ANA BARCIA, Deputy City Clerk
APPROVED AS TO FORM:
HEMA PATEL, City Attomey
SECRETARY'S CERTIFICATE
I, Gail Freeman, a duly elected and acting Assistant Secretary of Morgan Stanley Real
Estale Advisor, Inc., a corporation duly organized and existing under the laws of the State of
Delaware (the "Corporation" and "lnvestrnent Advisef), certifu as follows:
The Corporation is the Investment Adviser of Prime Property Fund, LLC, (the'Fund').
The Fund is the sole member of PPF OPGP, LLC, a Delaware limited liability company
("OPGP), and has the authority to execute all documents on behalfofOPGP.
OPGP is the general parher of PPF OP, LP, a Delaware limited parhership ("OPLP'),
and has the authority to execute all documents on behalfofOPlP.
OPLP is the sole member of PPF Industrial,LLC, a Delaware limited liability company
C'PPF Industial"), and has the authority to execute all documents on behalf of PPF
Indusrial.
PPF krdustrial is the sole member of PPF Industsial GP, LLC, a Delaware limited liability
company C'GP LLC), and has the authority to execute all documents on behalf of GP
LLC.
GP LLC is the general partner of PPF Industrial 2825 S. Santa Fe Avenue, LP, a
Delaware limited partnership (the "LP) and has the authority to o(ecute all documents
on behalf of the LP.
7. Joseph W. Finnigan is a duly elected Vice President of the Corporation, and has the
power and authority to enter into any contsact and execute and deliver any instnrment in
the name and on behalf of the Corporation, pursuant to the following resolution approved
by the Board of Directors ofthe Corporation on November 8, 2004:
RESOLVED FURTHER, that the Chairmaq any Vice Chairman, the
Presiden! any Managing Director, any Executive Director and any Vice President of
the Corporation are each authorized and ernpowered, in the name and on behalf of
this Corporation, to negotiate, execute, deliver, or file from time to time, contacts,
agreements, leaseg powers of attomey, bids, consents, approvals, releases,
guarantees, bonds, indemnities, c€rtificates, affidavits, deeds, conveyance
documents, and any urd all financing or loan documents including without
limitation, notes, mortgages, security irsruments, assumption agteements, pledges
and financing statements and similar documents or undertakings, or amendnents
thereto, including those with any government or subdivision or agency thereo( and
to take any other actions deemed necessary or advisable by such officer in
connection therewith.
1.
2.
J.
4.
5.
8. Below is the true and genuine signature of Joseph W. Firurigan:
.^,
l
I
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I
IN WITNESS WIIEREOF, I have hereunto set my name asi of November 4,2014.
-(*
Gail Frecman
Assistant Secretary
RECORDING REQI]ESTED BY
and
WHEN RECORDED MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
THE SPACE ABOVE IS FOR RECORDER'S USE
QTIITCLAIM DEEI)
Regarding Easements
TIIE UNDERSIGNED GRANTOR(s) DECLARE(s):
DOCIJMENTARY TRANSFER TAX IS $0. CITY TAX $0. The value of the property in this
conveyanoe exclusive of lie,ns and encumbrances is $100 or less, and there in no additional consideration
received by the grantor, R & T I 191 l.
The undersigred hereby certiry that we are holders of a fire lane easement in the City of Vemon, County
of [,os Angeles, State of California, on, over and across that portion of Parcel "A" of de€d, in the City of
Vernon" Couty of Los Angeles, recorded as InstrumentNumber 20121838859 on December 03,2012,
Official Records, in the Office of the County Recorder of said County, exempted and reserved in
InstnrmentNo.20121886574 recorded December 7,2012, Offrcial Records of Los Angeles County.
And we hereby quitclaim and remise to PFF IIT{DUSIRIAL 2825 S. SAI\ITA fE A\IEI\IUE,LP, a
Delaware limited partrership, its successors and assigns, those portions of said fire lane eas€ment
described in Exhibit "A'and depicted in Exhibit "B".
This Quitclaim Deed shall run with the abovedescribed land and shall be binding upon ourselves, and
futurp owners, encumbrances, their successors, heirs or assigns.
Dated:
CITY OF VERNON,
A California chartered city
ATTEST,
W. Michael McCormick, Mayor Ana Barcia, Deputy City Clerk
APPROVED AS TO FORM:
By:By:
By:
Hema Patel City Attomey
On
State of Califonria
County of
before me, ,
(Inscrt Nanc of Notary Public and Titlc)
personally
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instument
the person(s), or the entity upon behalf on which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califoraia that the
forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature.(Seal)
EXHIBIT "A,,
LTGAL DESCRIPTlON
27' WDE FIRE ACCESS LANE TASTMENT
A PORTION OF LOT 3 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS
ANGELES, STAIE OF CALIFORNIA, AS PER MAP RECORDEO IN BOOK J6 PAGE 72 OF
MISCELLANEOUS RECORDS, SAID PARCEL ALSO SHOW\ AS PARCEL A IN DEED RECORDED
AS INSTRUMENT NO. 20121838859 IN DECEMBER 3, 2012 RECORDS IN THE OFFICE OF THE
COUNfi RECORDER OF SAID COUNTY.
A STRIP OF LAND 27.00 FEET WDE LYNG 13.50 FEET ON EACH SIDE OF IHE CEN]ERLINE
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESIERLY LINE OF]HE EASTERLY 40 FEET OE SAID LOT 3
OF IHE A.L ROSS TRACT THAT IS SOUTH OO' 29, 47" EASI 33.50 FEET FROM IHE
NORIHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY UNE;
1HENCE SOUIH 89' 42, 38, \i€ST 159.25 FEET PARALLEL WTH THE NORIHERLY LINE OF
SAID LOT 5 TO A POINT, SAID POINT TO BE CALLED POINT A FOR 'IHE PURPOSES OF THIS
LEGAL DESCRIPTION;
IHENCE SOUTH 89'42, J8" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT,
SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPNON;
IHENCE SOUTH 89' 42, 58,, WEST 295.00 FEET ALONG SAID PARALLEL LINE TO A POINT,
SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION;
IHENCE SOU]H 89'42, 38,' WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT,
]}IAT IS 33.50 FEET EASTERLY OF THE WESIERLY LINE OF SAID LOT J;
IHENCE SOU]H OO' 31, I8, EAST 8O.OO FEET PARALLEL WIH THE WESTERLY UNE OF SAID
LOT 3;
THENCE SOUIH 29' 28' 42'' WEST 2O.OO FEET TO A POINT, IHAT IS 23,50 FEET EASTERLY
OF IHE WESTERLY LINE OF LOT 3:
THENCE SOUIH OO' 51, 18,' EAST 16J.43 FEET PARALLEL WITH IHE WESTERLY LINE OF SAID
LOT J;
THENCE SOUIN 30'3I, 18" EAST 20 FEEI;
THENCE SOUTH OO' 3.1, IE" EAST 13.97 FEET PARALLEL W]TH THE WESTERLY LINE OF SAID
LOT 5 TO IHE SOUIHERLY LINE OF SAID LOT 3 AND AFOREMENTIONED PARCEL A OF LOT
LINE ADJUSTIIENT.
FIRELANE / ACCESS OUITCLAIM
CITY OF \ERNON, COUNTY OF LOS ANGE..ES, STAIE OF CAUFORNIA
scA.r SEABOARD ENGINEERING CO.
11OO S. BEIEFLY DRIIE SIE 201
LOS ANCEfS, CAUFon n 900J5rE- (3r0) 277-7337 FAx (3rO) 27r-73:'9
SEABOAROGEAEOARDENGCO.COM
JO8 No't3-too
oR^xN BY
MD
o^E r/o+/t+
OIECI(E' BY MD prce 1 oF 2
EXHIBIT
,, A"
LEGAL DESCRIPTt0N (continuotion)
27,WIDE FIRE ACCESS LANE QUITCLAIM EASEMENT
TOGETHER W'ITH A STRIP OF LAND 24.00 FEET WIDE LYNG 12.00 FEET ON EACH SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE ABOVE DESCRIBED POINT A, THENCE NORTH OO'17'22'' WEST 33.50 FEET
TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT.
TOGETHER WTH A STRIP OF IAND 25.00 FEET WDE LYNG 12.50 FEET ON EACH SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE ABOVE DESCRIBED POINT B, THENCE NORTH OO'17' 22" V,IEST J3.50 FEET
TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT.
TOGETHER WTH A STRIP OF LAND 25.00 FEET WIDE LYNG 12.50 FEET ON EACH SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT ]HE ABO\E DESCRIBED POINT C, ]HENCE NORTH OO'17'22" WEST 33.50 FEET
TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT.
TOGETHER WTH A STRIP OF LAND 2O.OO FEET WIDE LVNG 1O.OO FEET ON EACH SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT IHE ABO\E DESCRIBED POINT D, IHENCE NORIH 89'28'42'EAST 51.50 FEET.
THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS
NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES.
PREPARED BY:
FIRELANE/ACCESS OUITCLAIM
CIW OF \ERNON, COUNTY OF LOS ANGELES, STATE OF CAUFORNIA
sc ll SEABOARD ENGINEERING CO.
1IOO S. BEIERLY DRI\E, SIE 2OI
LOS ANGAES, CAUFORNIA 90035
TE-. (310) 277-?3s7 FAX (310) 277-733s
SEABOARDOSEABOARDEN @O. C!}/l
J08 ilo. 13_100
DRAVfi BY MD D^lE lt/04/14
CHECNGD BY MD pace 2 oF 2
BERNHARTH , RCE 1J737
EXHIBIT
,,8,,
N'LY CORNER
LOT 3
M.R. 36-72
NE,LY CORNER
OF LOT 3
M.R. 36-72
s 89'42'J8" W
70.57'-
N 00'17'22" W
33.50'N 00't7'22" W
N 00't7'22" W,
J3.50'12.50'
s 0029' 47' E
.- -^J3.50'-
e.10__________PJ_-
=-sdsZZiEEI 59.25's 0031'18" E >-::=Eez2-JEa/---T=-=
28J.00'80.00'
s 2928"POINT POINT
lrJ
=z,trJ
L.Jb-
20,00't,olt I,U'l'
.\ l, lios)-
liN:l(i l)(ls 0031'16" E163,4J'<
N 89'28'42' E
10.00'
POINI D
PARCEL A
)
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s 3o'3t't8" E N 8928'42" E
51.50'
INSTRUMENT NO. 20121B3BB59
REC. 12/03/2012, 0,R.
20.00's 0031't8'E- 19.97'
T
PARCEL B
INSTRUMENT N0. 20121858859
REC. 12/03/2012, 0.R.
t
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FIRELANE / ACCESS AUICLAIM
CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SCATE 1n=150'-0"SEABOARD ENGINEERING CO.
11OO S. BE\ERLY ORI\E, STE 201
LOS ANGELES, CALIFORNIA 90055
TEL. (310) 277-7337 FAX (310) 2t7-733e
SEABOARDOSEAEOARDENGCO, COM
JOB No'13-'too
DRAWr.r BY MD 0A1E 11/04/14
CITECKED 8Y MD PAGE 1 oF 1
T
I
,rl=='ooiN
A
27.00'
RECEIVED
JAN | 5 2015
CITY ADMINISTRATION
RtrCr=:':'7r'=-D
JAN l6 2015
CIIY CLERt{'S OFTICE
FROM:
RE:
DATE:
TO:
January 20,2015
Honorable Mayor and City Council
Ana Barcia, Deputy City Clerk [9
Approval of a Resolution Rescinding the Submission of Ballot Measure N to
the Voters of the City as part of the General Municipal Election to be held on
April 14,2015
Recommendation
lt is recommended that the City Council:
l. Find that approval of the resolution is exanpt under the California Environmental Quality
Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
2. Approve the resolution rescinding the submission of ballot Measure N to the voters of the
City of Vernon, which proposed to amend Chapter 3.3 of Article III of the City Charter,
as part of the General Municipal Election to be held on April 14,2015.
Background
On January 6,2}l5,the City Council approved Resolution No. 2015-02 ordering that measures
to amend the City Charter be submitted to the voters of the City at the April 14,2015, General
Municipal Election.
Staff is proposing the removal of the following measure from said election due to the need to
further review and allow staff to develop relevant policies and procedures:
Measure N:
Shall Chapter 3.3 of Article III of the Vernon City Charter be amended to
include a cap of one (l) currenVactive City employee to hold office as a
member of the City of Vernon City Council?
Yes/No
STAFF REPORT
City Clerk Department
All other Measures as approved by Resolution No. 2015-02 will be submitted to the voters of the
City at the April 14,2015, General Municipal Election.
Fiscal Impact:
The recommendation will alleviate the anticipated cost to the City related to translation and
printing costs for ballot measures.
RESOIJUTION NO.
A RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF
VERNON RESCINDfNG THE SUBMISS]ON OF BALLOT
MEASI'RE N TO THE VOTERS OF THE CITY OF VERNON AS
PART OF THE GENERAL MUNICIPAI ELECTION TO BE HELD
ON APRfL L4, 20T5, AND REPEAIING CERTAIN
SUBSECTIONS OF RESOLU|fON NO. 2OI5-O2
WHEREAS, on November 1-8, 20L4, the City Council of tshe City
of Vernon adopted Resol-ut.ion No. 2014-59 calling and giving notice of
an all-mail ba11ot general municipal election to be held on Tuesday,
April 14 , 20]-5, for the election of a certain officer as required by
tshe provisions of the charter of the Citsy of Vernon; and
WHEREAS. on ,January 5, 20L5, the City Council of the CiEy of
Vernon adopted Resolution No. 2015-02 ordering that Measures N, O,
and P be submitted to the voters of the City at the April- L4 t 2015,
General Municipal Election Eo amend the City Charter amending ChapEers
3.3 and 3.7 of Art.icle fff and Chapter 7.4 of Article VII; and
WHEREAS, the City Council desires to rescind Measure N
relating Eo Chapter 3.3 of Article rIr from the April 14, 20f5, General
Municipal Election due to the need Eo furEher review and aI1ow staff to
develop relevant policies and procedures.
NOI^I, THEREFORE. BE TT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of t.he City of Vernon hereby
the above recital-s are Crue and correc!.
City Councif of the City of Vernon finds
under t.he California Environmental Qual-ity
with Sect.ion 15051(b) (3), the general- rule
projects that may have an effect on t,he
finds and determines that
SECTION 2: The
that t.hi s
AcE (CEOA)
that CEoA
action is exempt
, in accordance
only applies to
envi-ronment.
SECTfON 3: The City Council of the City of Vernon hereby
repeals Subsections (a) and (b) of Section 1 of Resolution No. 201-5-02
to remove the following guestion from the April L4, 201-5, General
Municipal Election:
Measure N:
Shal1 Chapter 3.3 of Article
III of the Vernon City
Charter be amended to include
a cap of one (1)
current/active City employee
to hold office as a member of
the City of Vernon City
Council?
SECTION 4: Subsections (a) and (b) of Sectj-on 1 of
Resolution No. 201,5-02 are hereby repealed; in all other respects,
Resolution No. 2OL5-02 shaI1 remain in fuI1 force and effect.
SECTION 5: That in all particulars not recited in this
Resolution, the election sha11 be held and conducted as provj-ded by 1aw
for holding municipal elections.
-2
SECTfON 6: The City Clerk, or Deputy City Clerk, of the
City of Vernon shaI1 certify to the passage, approval and adoption of
this resolution, and the City C1erk, or Deputy City C1erk, of the City
of Vernon sha11 cause this resolutj-on and the City Clerk's, or Deputy
City Clerk's, certj-fication to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 20th day of ,January, 2OL5.
Name:
Title: Mayor / lttayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
Attorney
-3
STATE OF CAI.,,IFORNIA )
) ss
COUNTY OF LOS ANGELES )
I,. City Clerk / Deput.y City Clerk of the City
of Vernon, do hereby certify t.hat tshe foregoing Resolution, being
Resolution No., was duly passed, approved and adopted by the
Citsy Council of the City of Vernon aE a regular meeting of t.he City
Council duly held on Tuesday, January 20, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the CiEy of Vernon.
Executed tshis _ day of ,fanuary, 2015. at Vernon, Cal-ifornia.
City Cl-erk / Deputy City Clerk
(SEAL)
4
REGtrEVED
RECEIVED
JAN I 5 20ls
ISTRATION
DATE:
TO:
FROM:
RE:
January 20,2015
Honorable Mayor and City Council , .Z\ (
Carlos Fandino Jr., Director of Vernon Gas & Electric Sfrr' t \ t " '
Renewable Portfolio Standard Annual Status Report for CalendarYear 2014
Recommendation
It is recommended that the City Council:
1. Find that the approval requested in this staff report is exempt under the California
Environmental Quality Act (CEQA) in accordance with Section 15061(bX3), the general
rule that CEQA only applies to projects that may have an effect on the environment; and
2. Receive and acknowledge the annual Renewable Portfolio Standard ("RPS"; Report for
Calendar Year 2014 as presented by the Vernon Gas & Electric Department. This report
is for informational purposes only. There is no fiscal impact'
Performance Summary
Vernon procured sufficient RPS resources equal to 22o/o of retail sales to meet compliance
obligations for Calendar Year 2014. The compliance requirement for Calendar Year 2014 is20%
of retail sales. The primary resources were Vernon's long-term biomethane contracts. Additional
short-term wind contracts for eligible renewable resources and unbundled RECs were purchased
to cover a portion of the compliance obligations for Calendar Year 2014.
Vernon's RPS Procurement Status for CalendarYear2014
Pursuant to Vernon's RPS Procurement Plan and Enforcement Program, action has been taken to
acquire renewable energy during Calendar Year 2014. The following is a brief description of
renewable resources used to meet compliance requirements.
Biomelhane
Consistent with the RPS eligibility criteria, the City identified use of biomethane fuel at the MGS
plant as a portfolio Content Category I resource. Element Markets and Clean Energy have both
CITY CLERK'S OFFICE STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
Category I Wind Resources
The City procured 50,000 MWs of short-term wind resources to make up for the biomethane
delivery shortfall. These wind resources were Category I (energy bundled with environmental
green attributes) consistent with SB Xl 2 requirements.
Renewable Energy Credits (RECs)
The City also purchased renewable energy and RECs to satisfy the SB Xl 2 requirements. RECs
are tradable, non-tangible energy commodities that represent proof that one megawatt-hour
(MWh) of electricity was generated from naturally replenishing (renewable) resources such as
modern biomass, wind, solar, geothermal, and biofuels. The City purchased 34,000 MWs of
unbundled renewable energy credits during Calendar Year 2014.
The following table provides an overall assessment of VG&E renewable resources and RPS
requirements during Calendar Year 2014.
Table l: RPS iance Status rtin2014
Summarv of Procurement Plan to meet RPS Requirements in the Future
The City of Vernon intends to meet all future procurement targets, barring any events and
occurrences that are beyond the City's control. Vemon will seek to develop a diverse RPS
portfolio, with a combination of landfill gas, solar PV, and other renewable resources, based on
the forecasted need for additional energy resources, as well as the economics and timing of any
particular projects.
In order to meet the RPS mandates, Vemon plans to preserve its existing renewable resources,
carry forward excess procurement from one compliance period to the next, and look for timely
and economic opportunities to diversify and expand its RPS portfolio, while protecting Vernon's
customers from excessive rate increases that could jeopardize economic growth and viability
within the City.
Retail toad (Mwh)
Compllance Target %
RPS Requirements (MWh)
RPS Resources
anuary February Mardt April May June July August September October November De@mber
90,762 a3,7!6 91,145 97,345 9s,941 94,427 r@377 99,633 96,931 99,98 88,813 87'879
113,505 92,W 96,273 43,749 41938 65,567 51,357 74,68 378,M L2S,L7I
L4,552 11,833 r2,v3 t5O9 5,889 8,406 6,584 9,558 &,832 15,048
4331 7,U5 L2,757
L4,552 11,833 12,v3 5,609 5,889 8,M 5,584 13,899 8,4n 28,7*
106,393
73,W
74,U9
Y,M
52,49
L76,61
74,932
LO,424
25,35€
RPS TarBet
m.at
85et
75,e/
fotal
1,120,890
20e/o
224,178
7@,216
50,000
34,0@
24/.,236
RPS Actual
2LAA
93.91
75.2%
,n fil
Biomethane (MWh Equiv.)
wind (PCCI)
RECs
Resourc€5
Annual compliane %
Portfollo Content Category
Compllance
category I and Category 2
category 3
rvaocc /l(harrfrlll lMwhl
Note: The Excess of RPS procurement will be carried overto meet future compliance requirements,
secured a contract to deliver biomethane fuel to Vernon. The initial contract year for Element
Markets was March 2,2012. Under existing Transaction Confirmation Numbers 1 & 2, the City
receives from Element Markets approximately 2,500 MMBtu/day of biomethane and/or
biomethane equivalent renewable energy. Element Markets has a l0-year contract to assist the
City in meeting California Renewable Portfolio Standard. Due to CEC's suspension of RPS
eligibility of out-of-state biomethane on March 28,2012 and adoption of Assembly Bill2196,
which restricts the eligibility of out-of-state biomethane with the exception of sources injecting
biomethane into a common carrier pipeline by April l, 2014, and some Element Markets'
biomethane projects could not be completed prior to August l, 2014, Element Markets was not
able to provide the entire contract quantity of biomethane to the City. As a result, the City and
Element Markets amended the biomethane agreements to provide for delivery of replacement
product (power) to satisfu the shortfall in delivering biomethane.
The City also receives from Clean Energy approximately 1,875 MMBtu/day of biomethane
under existing Transaction Confirmation Number 1. Clean Energy is obligated to deliver a
minimum quantity of biomethane over the course of a contract year (excluding from the
calculation any days on which Force Majeure affected seller's performance) equivalent to 75Yo
of the contract quantity. The initial contract year was August 1,2013 through July 31,2014, and
future contract years start July l't of each year. Clean Energy has also entered into a l0-year
contract with the City to deliver biomethane fuel. Uncertainties arose due to the following
events that have prevented Clean Energy from delivering contract amounts by December 2014.
Continued freeze events in December 2013 and January 2014 have prevented or constrained
production at the plant, and have also incurred pipeline outages preventing delivery. The
unusually severe winter weather continued to impact and constrain production at their facility at
least through the first week of May 2014. In addition, commercial operation of a new project
was delayed due to technical issues. The following table illustrates biomethane deliveries by the
suppliers for Calendar Year 2014.
Because of these shortfall biomethane deliveries, Vemon entered into additional short term
renewable contracts such as wind energy to meets its compliance procurement quantity targets
for Calendar Year 2014
Table 2: Biomethane Deliveries liers for Calendar Year 2014
Difference
MMBtu %
In accordance with state regulations, a minimum of 50%-75% of RPS procurement used for
compliance must meet the established requirements for Bucket l, which for most practical
purposes means use of bundled energy from California sited renewable power plants. Existing
Bucket 1 resources are in limited supply, and it typically takes from three to five years to
construct a new utility-scale renewable generation project. Vernon works with the Southern
California Public Power Authority (SCPPA) to gain greater access to a broader pool of
renewable resources, through a competitive renewable procurement bidding process, which
would otherwise be difficult to leverage as a result of VG&E's size.
The City has acquired multi-year contracts for solar and landfill gas power generation to satisfy
the new RPS requirements as required by the State of California and SB Xl2. If these
renewable resources that are expected to come on-line in20l7 are added into the supply
portfolio over the next three years, the proportion supplied by bundled renewable energy will
increase during the planning period and displace purchase of unbundled RECs. Additional
bundled renewable energy sources (potential renewables) as of yet unplanned, will contribute
towards meeting Vemon's long term goal of 33%otenewable energy supply.
The following is a brief description of future renewable contracts entered in2014.
Astoria Phase II Solar Proiect
Astoria II LLC has entered into a long-term power purchase agreement with SCPPA to build a
Solar Photovoltaic facility that has a net capacity of approximately 175 megawatts of electricity.
This contractual arrangement is basically considered firm generation, which is jointly owned
with other municipal partners. By leveraging this asset with our municipal partners the City
achieves the critical mass needed to build a large project/or contract. This strategy practice
reduces construction, financing, and operation costs and lets us achieve economies of scale and
obtain the most favorable financing rates.
The project located in Kern County will be available for commercial operation by December 31,
2016 with SCPPA taking control of 75 MW power produced. The City of Vernon, in
conjunction with other 5 municipal utilities from SCPPA, is participating in the PPA to purchase
the facility energy for 20 years. The City Council has approved a power purchase agreement
(through SCPPA) with Astoria for its renewable energy that will entitle Vernon to 20 MW of
capacity for the period of January 2017 to December 2021, and 30 MW for the remainder
contract period of January 2022 to December 2036.
Puente Hills Gas to Energy Proiect
Puente Hills landfill gas station was constructed by Los Angeles County Sanitation District in the
1980s; this facility is located in Southeastern Los Angeles County, near Vernon service area. It
has been in full commercial operation since January 1987 and has remained on-line 95 percent of
the time. The facility produces approximately 46 MW capacity.
The Puente Hills Gasto-Energy facility is a conventional Rankine Cycle Steam Power Plant
using landfill gas (LFG) as fuel to generate electricity. LFG is fired in the plant's boilers
producing superheated steam. The superheated steam is used to drive the steam turbine/generator
to generate electric power.
The City (through SCPPA, a utility group) has entered into a power purchase agreement for l0
megawatts of renewable power from the Puente Hills Landfill Gas-to-Energy Facility beginning
January 1,2017 and ending on December 31, 2030.
Backsround
On April 12,2011, Governor Edmund G. Brown, Jr. signed into law the California Renewable
Energy Resources Act, Senate Bill 2 of the First Extraordinary Session ("SBxl 2") requiring all
load serving entities in Califomia to achieve a 33Yo Renewable Ponfolio Standard ("RPS") by
2020. Additionally, SBxl 2 required each publicly owned utility such as the City of Vernon
("Vernon") to develop a procurement plan and to adopt an enforcement program (by llll20l2).
The legislation became law effective January 1,2012. It was again amended effective January l,
2013.
City of Vernon Renewable Portfolio Standards
sB 1078
In2002, Senate Bill 1078 ("SB 1078") implemented a RPS with a goal of providing 20 percent
of the energy sold to retail customers be generated using eligible renewable resources by 2017.
Pursuant to SB 1078, the City Council adopted Resolution 85ll on August 4,2004, which
established for Vernon a goal of serving 20 percent of Vernon's load with "eligible" renewable
energy resources by 2017.
Under SB 1078, the governing board of a local publicly owned electric utility is responsible for
implementing and enforcing a renewable portfolio standard for the utility that recognizes the
intent of the Legislature to encourage utilization of renewable resources, while taking into
consideration the effect ofthe standard on rates, reliability, and financial resources and the goal
of environmental improvement.
The legislation requires that the RPS include a determination of what resources qualified as
renewable, the percentage of total energy resources that would be renewable and a timetable for
meeting the goals. SB 1078 does not include a specific definition of renewable resources for
municipal utilities, but instead delegates this responsibility to the governing board of each
municipal. SB 1078 establishes the CEC as the Certified agency for renewable resources and
requires the CEC to establish a tracking mechanism for renewable energy credits to insure that
renewable energy output is counted only once for RPS standards. SB 1078 was superseded by
the passage of SB Xl 2 in 2011.
SBxl 2
In the ongoing effort to codify the 33 percent by 2020 goal, SBxl 2 was signed by Governor
Edmund G. Brown, Jr., in April 2011. SBxl 2 revised the RPS Program to state the intent of the
Legislature to increase the amount of electricity generated from eligible renewable energy
resources per year, so that amount equals at least 33 percent of total retail sales of electricity in
California per year by December 31, 2020.
This bill makes the requirements of the RPS program applicable to local publicly owned electric
utilities, except that the utility's governing board is responsible for implementing those
requirements. However, certain enforcement authority with respect to local publicly owned
electric utilities was given to the Energy Commission and State Air Resources Board. Further,
the bill required that the governing board of each local publicly owned electric utility adopt an
enforcement program on or before January 1,2012. The Light & Power Department formulated
a plan to address all legal provisions and this proposed program was adopted by Council via
Resolution 2012-02 on January 3, 2012, thereby implementing Vernon's SBxl 2 Compliance
Plan.
Vernon's SBxl 2 Compliance Plan
The existing SBxl 2 Compliance Plan represents Vemon's commitment to renewable energy
procurement consistent with the legislative intent of SBxl 2 to ensure the development of a
procurement plan and the adoption of an enforcement program. Some of the major provisions
are as follows:
o Procurement Targets - SBxl 2 calls for interim targets that must be attained. There are
three compliance periods ("CPs"). The first compliance period covers 2011 through
2013 ("CP1"). The second period covers 2014 through2016 ("CP2"). The third period
covers 2017 through2020 ("CP3"). CPI has a compliance target of 20o/o by December
31,2013. CP2's target is 25oh by the end of CP2. CP3's target is 33 percent by the end
of CP3. After 2020, the procurement target is 33 percent. Consistent with the legislation,
Vernon will increase procurement of electricity from eligible renewable resources,
including renewable energy credits, to meet the target objectives. The following table
summarizes these requirements.
Table 2: RPS iance Periods
Compliance Period 1
(2011-2013)
2011 Retail Sales: 20%
20L2 Retail Sales: 20%
2013 Retail Sales: 20%
Compliance Period 2
(2OL4-2OL6l
2014 Retail Sales: 20%
2015 Retail Sales: 20%
2015 Retail Sales: 25.0%
Compliance Period 3
(2017-2O2Ol
2017 Reta
20L8 Reta
2019 Reta
2020 Reta
lSales:27.0%
lSales: 29.0%
I Sales:3L.0%
I Sales: 33.0%
Portfolio Categories - SBxl 2 establishes three categories of renewable energy resources
and sets minimum and maximum levels of each category of resource that can be included
in a utility's renewable portfolio for each compliance period. A series of tests is applied
to each renewable energy resource, based on the physical characteristics of the generation
facility and on the contract terms under which the utility procures the product(s), to
determine in which category a resource is classified.
The first resource category is bundled renewable energy resources (i.e. energy and
environmental attributes) connected to or scheduled into a Califomia Balancing
Compliance Periods Mandated Renewable l% of Retail Sales)
Authority. Resources located outside of California, and which are not directly scheduled
into a California Balancing Authority, are not eligible to be categorized as renewable
resources in this category.
The second category is renewable energy resources that are firmed and shaped with
energy that is new to Califomia (i.e. not purchased from a source already within
California).
The third category is any product that fails to meet the conditions of categories I or 2,
including transactions for Renewable Energy Credits (discussed below) with no
electricity associated with them.
The statute mandates that 50o/o of the renewable energy used for compliance must
initially come from the first category (i.e. connected to or scheduled into a California
balancing authority). The portion of energy which must come from this category
increases over time. The use of resources from the third category is initially capped at
25o/o,withthat cap decreasing over time. Resources from the second category may be
used to satisfy the remainder of the renewables requirement. These mandates and their
changes are tied directly to the "compliance periods" described above. The portfolio
balance mandates are summarized in the following table.
Enforcement Program The legislation required the City Council to adopt an
enforcement program and, effective January 3, 2012, pursuant to Resolution 2012-02,
City Council approved the implementation of Vernon's Compliance Plan.
Fiscal Impact
This report is for informational purposes only. There is no fiscal impact.
Table 2: RPS
Compliance
Period
Category 1
Bundled Green
Must Be At Least
Category 2
Bundled Firmed & Shaped
(has no direct restriction)
Category 3
Unbundled/neCs
Cannot Exceed
20LL-20L3 50%25%25o/o
20L4-2016 65%20%Ls%
2OL7-2020+75%15%L0%
RECEiVED
JAN
CITY CL
DATE:
TO:
FROM:
RE:
RECEIVED
JAN | 5 2015I 5 2015
,TRATION
January 20,2015
Honorable Mayor and City Council
Carlos Fandino Jr., Director of Ver
Approve the Usage of a Distinctive Logo for Vernon Gas & Electric
CLERl('S OFFICE CITY ADMI
STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
Recommendation
It is recommended that the City Council:
Find that the item in this staff report is exempt under the California Environmental Quality
Act (CEQA) in accordance with Section 15061(bX3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
Approve the implementation of a new logo design for Vernon Gas & Electric (VG&E),
created to identify Vernon's utility as a unique entity within the City of Vernon municipal
service infrastructure.
Background
The City of Vernon Gas & Electric Department has prepared this presentation for Council to
propose a new and distinct logo for VG&E. In order to convey the professionalism, sustainability,
and reliability of Vernon's electric and gas service offerings, City staff deemed it important to
appropriately designate VG&E as a unique and distinct City of Vernon service provider. VG&E
is a highly effective and reliable resource for City residents and businesses that provides high
quality electric and gas services. The implementation of a logo that represents the City's unique
capability to manage such an operation affords a method to communicate this positive message to
the Vernon community.
The selection of a proper logo is critical. There were several phases that determined the design
and final decision of the logo that staff is ultimately recommending for Council approval.
Management initiated the logo development by collecting ideas from VG&E staff and also
commissioned an independent design firm to develop a professional logo that would effectively
convey the function of VG&E to the public. A collection of several designs was circulated
amongst staff who voted to implement the proposed design. The logo has a fresh, clean, modern
look which is aptly aligned with the new title of the Vernon utility. It is proposed that all VG&E
1.
equipment, uniforms, vehicles, and the like, utilize the new logo accordingly. It is a significant
symbol of Vernon Gas & Electric's capacity to provide a unique, reliable, effective service to its
constituents.
Fiscal Impact
There is no known fiscal impact.
Attachments
Llt4l20Ls
'To conveythe message thattheCity of Vernon
provides an independentviable resource for
gas and electric services
'To distinguish Vernon Gas & Electric as a unique
and d istinct City seruice provider for the
residential and business communities
' To align with the modern outlook for the future
which was inspired by the new departmental
title, "vG&E"
VG&E LOGO DESIGN
CITY COUNCIL PRESENTATION
January 20t 2oa5
PURPOSE
LOGO
LlL4l2ots
To demonstrate the quality of the logo design
options, staff has rncluded a few ofthe
alternates that were evaluated before arriving at
the final decision
Vernon Gas & Electric
ADDITIONAL
LOGO
DESIGNS
ALTERNATE
LOGO DESIGN
2
tlL4l20Ls
VERNON GAS & ELECTRIC
Staffthoroughly vetted the options for a VG&E
logo and is confident that the final selection will
properly representVernon's Utility to the public
3
ALTERNATE
LOGO DESIGN
RECEIVED
JAN I q 2015
CITY ADMINISTRATIONREGFn\,'r:-rD
JAN 15 ;'li5
CW CLERKs UhFICE
STAFF REPORT
DEPARTMENT OF PUBLIC WORKS, WATER AND
DEVELOPMENT SERVICES
A-6
DATE:
TO:
January 20,2015
Honorable Mayor and City Council
PREPARED BY: Scott B. Rigg, Public W & Water Superintendent 1S-
.1
APPROVED BY: Samuel Kevin Wilson, Director of Public Works, Water and
Development Services
Subrecipient Agreement between the City of Vernon and the Los
Angeles Gateway Region Integrated Regional Water Management
Joint Powers Authority
Recommendation
It is recommended that the City Council:
. l. Find that approval of the agreement proposed in this staff report is exempt under the
California Environmental Quality ACT (CEQA) in accordance with Section 15301 (b),
involving existing projects with negligible or no expansion of use beyond that existing at the
lead agency's determination; and
2. Approve the attached Subrecipient Agreement between the City of Vernon ("City") and Los
Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority
("GWMA"), in substantially the same form as submitted herewith, and authorize the City
Administrator to execute the agreement on behalf of the City.
Backsround
The GWMA entered into a Grant Agreement (Grant Agreement) dated September 24,2014 with
the United States of America, acting through the Department of Interior, Bureau of Reclamation. The
Grant Agreement stipulates that the GWMA will receive a $1,000,000.00 award for the Gateway
Regional Advanced Metering lnfrastructure Project (AMIP) to assist the cities of Lakewood, Vernon,
Downey, South Gate, Signal Hill, Whittier, Pico Rivera, Norwalk, and Bellflower (GWMA Members) in
improving regional water management practices by converting a total of 6,263 antiquated water meters
within their jurisdictions into Radio Frequency Meters (RFMs) with advanced reading technology
capabilities. The AMIP will be implemented over a three year period; commencing January l, 2015 and
concluding December 31,2017 .
Agencies are given the flexibility to initiate the meter installation at varying times to fit their
schedules. The total project cost for the City will be approximately $380,855.39 to purchase and install
the meters and equipment. The total project cost includes the sum of $201,999.83 out-of-pocket costs and
$178,855.56 in grant money. The subject Agreement will require the City to install512 water meters with
a required cost-share of at least fifty-three percent. Staff is confident that it can perform the meter
installations in-house and thus reduce a large portion of $201,999.83 by way of in-kind costs that would
otherwise have to be paid by the City to have a contractor perform the meter installations.
Moreover, GEI Consultants, [nc., who prepared the initial grant application, prepared and issued
Request for Quotes from qualified meter vendors. Responses were received on October 31,2014 from
Corix Water Products, Equarius Waterworks, Kelly J, Inc., and National Meter. It should be noted that
the subject quotes are for reference and informational purposes and were intended for use by cities during
their own procurement process. Cities are not precluded from using their preferred vendor and may
choose between using an outside vendor or City staff to install the meters. Additionally, the Bureau of
Reclamation has approved the direct purchase of equipment by participants who in turn will submit
invoices to Gateway for payment via grant funds. The City will use its existing meter manufactures when
converting its meters.
Benefits of RFM Installations
RFMs will enable meter reading staff to retrieve meter reads from all meters within a 200-foot
radius by simply pushing a command button on their handheld meter reading devices. This process
eliminates the need for meter readers to lift heavy meter lids to retrieve meter reads and will thus reduce
the potential for injuries, while improving meter reading accuracy. It is estimated that the RFM's will
reduce the meter route times by twenty (20) to twenty-five (25) percent. Meter readers can then be freed
up to perform various maintenance duties associated with meter reading including checking for leaks,
verifying reads, and replacing damaged meter lids making for a more efficient use of manpower; and the
RFMs will reduce vehicle trips resulting in decreased fuel costs, and improved air quality through reduced
emissions. Lastly, the actual project work will require the City to purchase and complete the meter
infrastructure project. Once the RFM's installation is completed, the City can install all necessary
software to develop 2417 real time computer access for both staff and water customers.
Fiscal Impact
The estimated total project cost will be $380,855.39. The total project cost includes $178,855.56
in grant funding and the City's share of $201,999.83.
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF VERNON AND THE LOS ANGELES
GATEWAY REGION INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS AUTHORITY
This Subrecipient Agreement ("Agreement") is dated January 20,2014 ("Effective Date")
and is between the City of Vernon, a California municipal corporation ("Subrecipient") and the
Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, a
California Joint Powers Authority ("GWMA").
RECITALS
A. GWMA has entered into that certain Grant Agreement dated September 24,2014
("Grant Agreement") with the United States of America, acting through the Department of the
Interior, Bureau of Reclamation ("Reclamation"), attached hereto as Exhibit "A" and incorporated
herein as though set forth in full, by which GWMA will receive One Million Dollars
($1,000,000.00) for the Gateway Regional Advanced Metering Infrastructure Project to assist the
Cities of Lakewood, Vernon, Downey, South Gate, Signal Hill, Whittier, Pico Rivera, Norwalk,
and Bellflower ("GWMA Members") in improving regional water management practices by
converting a total of 6,263 antiquated meters within their jurisdictions into "smart" meters with
advanced reading technology capabilities (the "Project").
B. The GWMA Members have come together to develop a region-wide water
conservation program that will produce significant and measurable water savings through their
collective implementation of the Project.
C. GWMA and Subrecipient desire to contract at a total cost of Three Hundred Eighty
Thousand Eight Hundred Fifty Five and Thirty Nine Cents ($380,855.39) ("Funds") to implement
Subrecipient's share of the Project by converting a total of 512 meters within its jurisdiction into
smart meters with advanced reading technology capabilities.
D. Subrecipient understands and acknowledges that it is committing to installing a
specific number of smart meters to meet a specific threshold for water usage reduction to comply
with the Grant Agreement.
The parties therefore agree as follows:
1. SUBRECIPIENT OBLIGATIONS
1.1 Implementation of Sub-Project. Subrecipient shall convert 512 meters, 20
residential meters, 425 commercial/landscape meters and 67 industrial meters within its
jurisdiction into smart meters with advanced reading technology capabilities (the "Sub-Project")
in accordance with the Scope of Work and Milestones set forth in Section 5 of the Grant
Agreement, attached hereto as Exhibit A. The parties, upon mutual written agreement, may amend
the total number of meters required to be converted by Subrecipient during the term of this
Agreement. Subrecipient shall immediately notify GWMA in the event Subrecipient realizes it
may be unable to convert the total number of meters required under this Section 1.1 prior to the
termination of this Agreement pursuant to Section 3.3.
Error! Unknown document property name.
1
1.2 Commitment to Cost-Share. Subrecipient shall invest a minimum of Two Hundred
and One Thousand Nine Hundred Ninety Nine and Eighty Three Cents ($201,999.83) of its own
funds, which constitutes at least 53Vo of the cost of the Sub-Project, to the Sub-Project, in
accordance with the Grant Agreement. Subrecipient shall document and submit documentation
reflecting the Subrecipient's internal costs and total Sub-Project costs to GWMA to demonstrate
the Subrecipient's required cost share obligations under this Agreement prior to GWMA
reimbursing the Subrecipient.
1.3 Use of Reclamation Funds. Subrecipient shall use the Funds solely for the purchase
and installation of the smart meters and implement the Sub-Project pursuant to all of the terms and
conditions of this Agreement and the applicable terms and conditions of the Grant Agreement.
The Funds shall be used solely to reimburse the actual expenses incurred by Subrecipient to
implement the Sub-Project.
1.4 Compliance with Grant Agreement. Subrecipient shall comply with all Recipient
responsibilities of the Grant Agreement and shall perform its respective obligations under and in
accordance with the Grant Agreement. In the event that Reclamation determines Subrecipient has
breached its obligations under the Grant Agreement, Subrecipient will be solely responsible for
complying with any Reclamation demands, determinations, fines or other such actions or penalties
initiated by Reclamation because of the breach. No non-breaching GWMA Member, non-
participating GWMA Member, or GWMA as a whole shall be in any way responsible for satisfying
any Reclamation demands made in response to a breach of the Grant Agreement by Subrecipient.
If Subrecipient is found in breach of the Grant Agreement, it shall remain obligated under this
Agreement and remain responsible to fulfill its obligations under this Agreement, including those
obligations under Section 1.1.
1.5 Compliance with Law. Subrecipient shall perform the Sub-Project as detailed
under Section 1.1 of this Agreement in accordance with all ordinances, resolutions, statutes, rules
and regulations of any federal, state or local government agency having jurisdiction at the time of
performance.
2. DISBURSEMENT OF FUNDS
2.1 Maximum Amount of Funds. Upon compliance with the requirements set forth in
this Agreement, GWMA shall reimburse Subrecipient an amount not to exceed One Hundred
Seventy Eight Thousand Eight Hundred Fifty Five and Fifty Six Cents ($178,855.56), which shall
constitute GWMA's full obligation to Subrecipient, unless GWMA receives additional funds from
Reclamation for the completion of the Sub-Project or unless GWMA opts to shift funds currently
allocated under the Grant Agreement from other GWMA Members sub-projects identified in the
Grant Agreement to the Sub-Project. [n such case, the parties shall amend the Agreement to reflect
the additional sum and, if applicable, the additional services Subrecipient shall provide. If the
funds are insufficient to complete the Sub-Project, Subrecipient shall secure and provide such
additional non-Grant funds necessary to complete the Sub-Project. Reimbursement, if any, by
GWMA is conditioned upon receipt of such funds by GWMA from Reclamation and obtaining all
required approvals from Reclamation, including environmental clearances. If Reclamation funds
are not forthcoming from Reclamation for any reason, GWMA shall not have any obligation to
reimburse Subrecipient through any other source of GWMA funds.
Page 2 of 10
2.2 Cost Ovemrns. At no time shall GWMA or a non-participating GWMA Member
be liable for any cost associated with the Project, including the Sub-Project. In the event that
Reclamation funds are not forthcoming from Reclamation for any reason, or if the Funds allocated
to Subrecipient are insufficient to cover costs for the Sub-Project in any way, the GWMA Members
that are not named as the Subrecipient under this Agreement shall not be held liable for any costs.
Subrecipient shall be solely responsible for any costs associated with the Sub-Project in the event
that Reclamation funds are not forthcoming for any reason, or in the event that the funds allocated
to Subrecipient are insufficient to cover costs for the Sub-Project in any way.
2.3 Method of Payment. GWMA shall make reimbursements to Subrecipient upon
Subrecipient's submittal of, and GWMA's approval of: (i) a detailed invoice of completed work
or fulfilled purchases; and (ii) the performance and financial reports required by the Grant
Agreement. Subrecipient may submit reimbursement requests to GWMA only a quarterly basis
in January, April, July or September in each year for the term of this Agreement. GWMA shall
not make the last reimbursement payment to Subrecipient until Subrecipient has show it has
installed all smart meters as set forth in Section 1.1 of this Agreement. To the extent the Funds
actually have been received from Reclamation, GWMA shall pay Subrecipient for all expenses
stated on the invoice, which are approved by GWMA pursuant to this Agreement no later than two
(2) weeks after receipt of payment from Reclamation, provided the performance and financial
reports are also timely submitted and approved.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Subrecipient shall commence, prosecute and complete
the Sub-Project as detailed under Section 1.1 of this Agreement within the time periods established
in Section 4 of the Grant Agreement, unless extensions of such time periods have been approved
in writing by GWMA. The Sub-Project must be completed and all Funds must be distributed no
later than December 3l , 2Ol7 , as required by Section 4 of the Grant Agreement. Notwithstanding
any provisions in this Agreement to the contrary, any Funds not distributed by December 31,20I'7,
are subject to lapse.
3.3 Term. This Agreement shall commence on the Effective Date and shall be
terminated when all of the following have occurred, unless earlier terminated in accordance with
Section 1 .2: (i) the entirety of the Sub-Project has been completed, (ii) all audits and reports have
been submitted by Subrecipient to GWMA pursuant to the Grant Agreement and Reclamation
requirements and (iii) Reclamation has released hnal disbursement to GWMA and Subrecipient
has received final disbursement of Funds from GWMA pursuant to this Agreement; or by
December 31,2017, whichever event occurs first. In the event that the December 3l,2Ol7
deadline is extended pursuant to any agreement between Reclamation and GWMA, the new
deadline shall take the place of "December 31, 2017" in the preceding sentence.
3.4 Reversion of Assets. Upon the expiration or sooner termination of this Agreement,
Subrecipient shall transfer to GWMA: (i) any and all Funds on hand that Subrecipient is not already
obligated to pay to others for the Sub-Project; and (ii) any accounts receivable attributable to the
use of the Funds that Subrecipient is not already obligated to pay to others for the Sub-Project.
Page 3 of 10
4. COORDINATION OF WORK
4.1 Subrecipient Representative. The Subrecipient Representative for Subrecipient
shall be the City Administrator of the City of Vernon or such person as may be designated by the
City Administrator of the City of Vernon in writing. GWMA shall refer any decisions that must
be made by Subrecipient to the Subrecipient Representative. Any approval by Subrecipient
required under this Agreement shall mean the approval of the Subrecipient Representative, unless
the Subrecipient Representative informs GWMA that the decision must be made by the City of
Vernon City Council.
4.2 GWMA Representative. The GWMA Representative shall be the Executive
Director, or such person as may be designated by the Executive Director in writing. It shall be
Subrecipient's responsibility to ensure that the GWMA Representative is kept informed of the
progress of the performance of the Sub-Project and Subrecipient shall refer any decisions that must
be made by GWMA to the GWMA Representative. Any approval by GWMA required under this
Agreement shall mean the approval of the GWMA Representative, unless the GWMA
Representative informs Subrecipient that the decision must be made by the Board of Directors.
4.3 Independent Contractor. Subrecipient is, and shall at all times remain as to GWMA
and to all GWMA Members not named as subrecipients under this Agreement, a wholly
independent contractor. Subrecipient shall have no power to incur any debt, obligation or liability
on behalf of GWMA or on behalf of any GWMA Member not named as a subrecipient under this
Agreement. Neither GWMA nor any of its agents shall have control over the conduct of
Subrecipient or any of Subrecipient's employees, except as set forth in this Agreement.
Subrecipient shall fully comply with the worker's compensation laws regarding the Subrecipient
and Subrecipient's employees. Subrecipient shall indemnify and hold GWMA and all GWMA
Members not named as subrecipients under this Agreement harmless from any failure of
Subrecipient to comply with applicable workers compensation laws.
5. MANDATORY LIABILITY COVERAGE
5.1 General Liability Coverage. Subrecipient shall obtain, at its sole cost and keep in
full force and effect during the term of this Agreement, commercial general liability coverage in
the amount of One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal
injury, and property damage.
5.2 Memorandum of Coverage. Subrecipient shall file with GWMA upon the
execution of this Agreement, a memorandum of coverage issued by the California Joint Powers
Insurance Authority that shall provide that no cancellation, major change in coverage, expiration,
or nonrenewal will be made during the term of this Agreement, without thirty (30) days' written
notice to GWMA prior to the effective date of such cancellation, or change in coverage.
5.3 Additional [nsurance Requirements. The general liability coverage shall provide
(i) that the coverage shall extend to GWMA, and each of its officers, agency, employees and
volunteers and (ii) that the coverage shall operate as primary coverage.
5.4 Coverage Requirements. Subrecipient shall require each consultant or contractor
retained by Subrecipient to implement the Sub-Projects to obtain liability coverage at least as
Page 4 of 10
comprehensive as required under Sections 5.1-5.3 of this Agreement and shall require GWMA and
its officers, agents, employees, and volunteers to be named as additional named insured on such
coverage. Subrecipient shall also require each consultant and contractor to obtain workers'
compensation coverage at not less than the minimum required under California law.
6. RECORDS AND REPORTS
6.1 Reports. Subrecipient shall prepare and submit detailed invoices regarding the Sub-
Project to GWMA on a quarterly basis. Subrecipient shall prepare and submit performance and
financial reports to GWMA as required under the Grant Agreement. GWMA shall prepare and
submit regional progress and financial reports to Reclamation to fulhll the GWMA's reporting
obligations under the Grant Agreement. Subrecipient shall comply with all other reporting
requirements required of subrecipients and subgrantees under the Grant Agreement, including, if
applicable, the reporting requirement specified in Section 19.I.c. of the Grant Agreement.
7. ENFORCEMENT OF CONTRACT
7.1 Applicable Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California
and the United States, as applicable. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of Los Angeles,
State of California, the United States District, or any other appropriate court in Los Angeles
County, and Subrecipient covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
7.2 Termination. GWMA may terminate this Agreement if GWMA receives notice
from Reclamation that the Grant Agreement has been terminated by giving thirty (30) days' notice
to Subrecipient. GWMA shall reimburse Subrecipient for all costs incurred prior to the termination
date in accordance with the Grant Agreement.
7.3 Waiver. Waiver by any party of any of the conditions of performance under this
Agreement shall not be a waiver of any other condition of performance under this Agreement.
7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by any party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default, or any other default by the other parties.
7.5 Legal Action. In addition to any other rights or remedies, any party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to complete specific performance of this Agreement, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7 .6 Attorneys' Fees. If any party to this Agreement is required to initiate or defend or
is made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief that may be granted,
whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall
Page 5 of 10
include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be
entitled to all other costs for investigating such action, taking depositions and discovery and all
other costs incurred in such litigation.
8. INDEMNIFICATION
Indemnification. Neither GWMA nor any officer or employee thereof, nor any member of
GWMA that is not named as a subrecipient in this Agreement, shall be responsible for any
damage or liability occurring by reason of anything done or committed to be done by
Subrecipient, its officers, agents, employees, contractors and subcontractors under this
Agreement. Subrecipient shall fully indemnity, defend and hold GWMA harmless from and
against any liability and expenses, including defense costs, any costs or liability on account of
bodily injury, death or personal injury of any person or for damage to or loss of risk of property,
any environmental obligation, any legal fees, and any claims for damages of any nature
whatsoever arising out of this Agreement, including: (i) misuse of the Funds by Subrecipient or
its officers, agents, employees, contractors or subcontractors; (ii) breach of Subrecipient's
obligations under this Agreement; or (iii) any act or omission of Subrecipient or its officers,
agents, employees, contractors or subcontractors in the performance and implementation of the
Sub-Project under this Agreement.
9. MISCELLANEOUS PROVISIONS
9.1 FederalRequirements.
(a) Subrecipient shall comply with 43 CFR $ 18, New Restrictions on
Lobbying, including the certification set forth in Section 15 of the Grant Agreement.
(b) Subrecipient shall comply with Reclamation's requirements and regulations
pertaining to ( 1) patent rights with respect to any discovery or invention that arises or is developed
in the course of or under this Agreement and (2) copyrights and rights in data.
(c) GWMA, the Federal grantor agency, the Comptroller General of the United
States, or any of their duly authorized representatives shall have access to Subrecipient's books,
documents, papers and records that are directly pertinent to this Agreement for the purpose of
making audit, examination, excerpts and transcriptions.
(d) Subrecipient shall retain all required records related to the performance of
the Sub-Project and this Agreement for three (3) years after GWMA makes hnal payment to
Subrecipient and all other pending matters are closed.
(e) Subrecipient shall comply with all applicable standards, orders or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. $ 1857(h)), section 508 of
the Clean Water Act (33 U.S.C. $ 1368), Executive Order 11138 and Environmental Protection
Agency regulations (40 CFR Part 15).
Page 6 of 10
(f) Subrecipient shall comply with all applicable standards and policies relating
to energy efficiency that are contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (Pub. L. 94-163,89 Stat. 871).
9.2 Notices. Any notices, bills, invoices or reports required by this Agreement shall be
given by first class U.S. mail or by personal service. Notices shall be deemed received on (i) the
day of delivery if delivered by hand or overnight courier service during Subrecipient's and
GWMA's regular business hours or by facsimile before or during regular business hours; or (ii)
on the third business day following deposit in the United States mail, postage prepaid, to the
addresses set forth below, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this Section. All notices shall be delivered the
parties at the following addresses:
To GWMA:Attn: Grace J. Kast, Executive Officer
Gateway Regional Water Management Authority
16401 Paramount Boulevard
Paramount, California 907 23
Facsimile : 5 62-63 4-82 I 6
Attn: Mark Whitworth, City AdministratorTo Subrecipient:
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Facsimile : 323 -826- I 43 5
9.3 Headings. The headings in this Agreement are included solely for convenience of
reference and shall not affect the interpretation of any provision of this Agreement or any of the
rights or obligations of the parties to this Agreement.
9.4 Word Usage. Unless the context clearly requires otherwise, (a) the words "shall,"
"will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c)
"includes" or "including" are not limiting.
9.5 Interpretation. The terrns of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.6 Integration: Amendment. It is understood that there are no oral agreements between
the parties of this Agreement affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements, and understandings, if any, between
the parties, and non shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement, on behalf of said party; (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) entering into this
Agreement does not violate any provision of any other agreement to which said party is bound.
Page 7 of 10
9.8 Exhibits: Precedence. Exhibit A is incorporated into this Agreement by this
reference. In the event of any material discrepancy between the express provisions of this
Agreement and the provisions of Exhibit A, the provisions of this Agreement shall prevail, except
that all federal grant fund requirements contained in Exhibit A shall prevail over the provisions of
this Agreement.
9.9 Severability. If a court of competent jurisdiction holds any provision of this
Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability
of the remaining provisions of this Agreement shall not be affected and continue in full force and
effect.
Page 8 of 10
The parties are signing this Agreement on the date stated in the introductory clause.
GWMA Subrecipient
Los Angeles Gateway Region lntegrated City of Vernon,
Regional Water Management Joint Powers a California municipal corporation
Authority,
a California Joint Powers Authority
By:By:
Name:
Title:
Error! Unknown document property name.
9
EXHIBIT A
GRANT AGREEMBNT
(Attached)
-10-
Error! Unknown document property name.
DGS REGISTRATION NO
PROPOSITION 84 STORMWATER GMNT PROGRAM
GRANT AGREEMENT
BETWEEN THE
STATE WATER RESOURCES CONTROL BOARD, hereinafter called "State" or "State Water Board"
AND
GATEWAY WATER MANAGEMENT AUTHORIry, hereinafter called "Grantee"
M U LTI -AGENCY/M U LTI-WATERSH ED PROJ ECT TO I NCORPORATE LOW I M PACT
DEVELOPMENT (LlD) BEST MANAGEMENT PRACTICES (BMPs) INTO MAJOR
TRANSPORTATION CORRIDORS, hereinafter called "Project"
AGREEMENT NO. 14-443-550
The State and Grantee hereby agree as follows:
Pnovtstott(s). The following provision(s) authorize the State Water Board to enter into this type of Grant
Agreement:
Pub. Resources Code, $ 75050(m) (Prop. 84 Stormwater Contamination Reduction and Prevention)
Punpose. The State shall provide a grant to and for the benefit of Grantee for the purpose of implementing LID
BMPs that will decrease the loading of metals into the Los Angeles River, San Gabriel River, and Los Cerritos
Channel, and their tributaries.
GRRrur Auourur. The maximum amount payable under this Agreement shall not exceed $1,073,820.
TeRu or Acneerueur. The term of the Agreement shall begin on OCTOBER 1,2014 and continue through final
payment plus thirty-five (35) years unless otherwise terminated or amended as provided in the Agreement.
HOWEVER, ALL WORK SHALL BE COMPLETED BY MARCH 31,2017, ABSOLUTELY NO FUNDS MAY BE
REQUESTED AFTER APRIL 30,2017.
Pnorecr RepneserurRrtves. The Project Representatives during the term of this Agreement will be:
State Water Board Grantee: Gateway Water Manaqement Authority
Name: Spencer Joplin, Grant Manager Name: Grace Kast, Proiect Director
Address: 1001 I Street, 16"' Floor Address: 16401 Paramount Blvd
Citv, Zip: Sacramento, CA 95814 Citv, Zip: Paramount, CA 90723
Phone: (916) 341-5636 Phone: (626) 485-0338
Fax: (916) 341-5707 Fax: (562\634-8216
e-mail: SJoolin@waterboardS.ca.oov e-mail: Gracekast.qatewav@qmail.com
Direct all inquiries to:
State Water Board Grantee: Gateway Water Manaqement Authority
Section: Division of Financial Assistance Section.
Attention: Michele Stebbins, Program Analyst Name: John Hunter, Grant Contact
Address. 1001 I Street, 17'n Floor Address: 6131 Oranqethorpe Avenue, Suite 300
City, Zip: Sacramento, CA 95814 City, Zip: Buena Park, CA 90620
Phone: (916) 341-5665 Phone: (562) 802-7880
Fax: (916) 341-5296 Fax: (562\802-2297
e-mail:e-mail: Jhunter@ilha net
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 2 of 20
Either party may change its Project Representative upon written notice to the other party.
STANDARD PRovrsroNs. The following exhibits are attached and made a part of this Agreement by this reference:
Exhibit A SCOPE OF WORK - WORK TO BE PERFORMED BY THE GRANTEE
Exhibit B
Exhibit C
Exhibit D
INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS
GENERAL TERMS & CONDITIONS
SPECIAL CONDITIONS
GMNTEE REPRESENTATToNq. The Grantee accepts and agrees to comply with all terms, provisions, conditions,
and commitments of this Agreement, including all incorporated documents, and to fulflll all assurances,
declarations, representations, and commitments made by the Grantee in its application, accompanying
documents, and communications filed in support of its request for grant funding. Grantee shall comply with and
require its contractors and subcontractors to comply with all applicable laws, policies and regulations
lN WITNESS THEREOF, the parties have executed this Agreement on the dates set forth below.
Grantee Signature Darrin Polhemus, Deputy Director
State Water Resources Control Board,
Division of Financial Assistance
Grantee Typed/Printed Name Date
Reviewed by:
Ofiice of Chief Counsel
Date:
Date
By:By.
Trtle
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 3 of 20
EXHIBIT A
SCOPE OF WORK - WORK TO BE PERFORMED BY THE GRANTEE
PLANS AND GENERAL COMPLIANCE REOUIREMENTS
1 . ln order for the State Water Board and Regional Water Quality Control Board (Regional Water Board)
staff to verify work was adequately performed or conducted, Global Positioning System (GPS) information
for project site and monitonng locations must be identified for this Project. Submittal requirements for
GPS data are available at:
2 The Grantee shall prepare and submit a Monitoring and Reporting Plan (MRP) that does all of the
following: 1) identifies the nonpoint source(s) of pollution to be prevented or reduced by the Prolect; 2)
describes the baseline water quality or quality of the environment to be addressed; 3) describes the
manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the
desired environmental results; and 4) describes the monitoring program, including, but not limited to, the
methodology, frequency, and duration of monitoring.
The MRP shall be organized as follows, and may be submitted as separate documents or in one report.
2.1 Proiect Assessment and Evaluation
Project Assessment and Evaluation Plan (PAEP) describes the manner in which the Project will be
effective in preventing or reducing pollution and in demonstrating the desired environmental results.
PAEP details the methods of measuring Project benefits and reporting them in accordance with a
PAEP. Grantee shall not implement monitoring and performance assessment and/or evaluation
actions prior to PAEP approval by the Grant Manager. Guidance for preparing the PAEP is
available at
2.2 Monitorino Plan
All projects that include water quality or environmental monitoring must prepare a Monitoring Plan
(MP). At a minimum, all MPs must: 1) describe the baseline water quality or quality of the
environment to be addressed; 2) identify the non-point source(s) of pollution to be prevented or
reduced by the Project; and 3) provide GPS information for all sampling locations.
The MP must include a description ofthe monitoring program and objectives, types of constituents
to be monitored, methodology, the frequency and duration of monitoring, and the sampling location
for the monitoring activities.
Any costs related to monitoring data collected prior to and not supported by the approved MP will
not be reimbursed. Changes to the MP must be submitted to the Grant Manager for review and a
decision regarding approval prior to implementation. Guidance for preparing an MP is available at:
2.3 Qualitv Assurance and Project Plan
lf water quality monitoring is undertaken, the Grantee shall also prepare, maintain, and implement a
Quality Assurance Project Plan (QAPP) in accordance with the State Water Board's Surface Water
Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA
QAPP, EPA AQ/Rs, 3/0'1. Water quality monitoring data includes physical, chemical, and biological
monitoring of any surface water. The OAPP shall be submitted to the State Water Board's Quality
Assurance Officer for review and a decision regarding approval. Any costs related to monitoring
data collected prior to and not supported by the approved QAPP will not be reimbursed. Guidance
for preparing the OAPP is available at:
3.
4
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 4 of 20
The Grantee shall upload a pdf version of the final approved document(s) to the Financial
Assistance Application Submittal Tool (FMST) system.
2 4 Data Manaoement
The Grantee shall upload all water quality data obtained through its rmplementation of the MP to the
California Environmental Data Exchange Network (CEDEN). The Grantee shall also provide a
receipt of successful data submission, which is generated by CEDEN, to the Grant Manager prior to
submitting a final invoice Guidance for submitting data, including required minimum data elements
and data formats, is available at htto://www.ceden.oro or the Regional Data Centers (RDCS) (Moss
Landing Marine Lab, San Francisco Estuary lnstitute, Southern California Coastal Water Research
Project, or Central Valley RDC). Contact information for the RDCS is included in the CEDEN web
link.
Activities supported by grant funds are projects under the California Environmental Quality Act (CEQA)
and must comply with CEQA requirements. Work on the Prolect cannot begin until the State Water Board
has reviewed the CEQA documentation submitted by the Grantee and given environmental clearance. lf
the work is conducted on federal land, the Grantee must also comply with the National Environmental
Policy Act (NEPA). Proceeding with work subject to CEOA and/or NEPA without environmental clearance
by the State Water Board shall constitute a breach of a material provision of this Agreement.
lf public agency approvals, entitlements, or permits are requrred, such approvals, entitlements or permits
must be obtained and signed copies submitted to the Grant Manager before work begins. lf the Project is
carried out on lands not owned by the Grantee, the Grantee must obtain adequate rights ofway for the
useful life of the Project.
State Disclosure Requirements - lnclude the following disclosure statement in any document, written
report, or brochure prepared in whole or in part pursuant to this Agreement:
"Funding for this proiect has been provided in full or in part through an agreement with the State Water
Resources Control Board. The contents of this document do not necessarily reflect the views and
policies of the State Water Resources Control Board, nor does mention of trade names or commercial
products constitute endorsement or recommendation for use."
Signage shall be posted in a prominent location at Project site (if applicable) or at the Grantee's
headquarters and shall include the State Water Board color logo (available from the Program Analyst):
Water Boards
and the following disclosure statement:
'Funding for this project has been provided in full or in part through an agreement with the State Water
Resources Control Board."
The Grantee shall also include in each of its contracts for work under this Agreement a provision that
incorporates the requirements stated within this work item.
Gateway Water Management Authority
State Water Board Grant Agreement No. 14-443-550
Page 5 of 20
B. PROJECT-SPECIFICREOUIREMENTS
1. Project Management
I 1 Provide all technical and administrative services as needed for Agreement completion; monitor,
supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the
Agreement is completed within budget, on schedule, and in accordance with approved procedures,
applicable laws, and regulations.
I 2 Notify the Grant Manager at least fifteen (15) working days in advance of upcoming meetings,
workshops, and trainings.
1.3 Conduct pre-, during, and post-construction photo monitoring and submit to the Grant Manager
1 4 Conduct periodic and final site visits with the Grant Manager.
2. Planning. Design, and Engineering
2.1 Complete the preliminary design plans and specrfications and submit to the Grant Manager for
review and approval. The design plans will include a minimum of: twenty-two (22) tree box filtersi
twenty (20) bioretention tree wells; and one thousand, two hundred (1200) linear feet of bioswale at
multiple sites along the Los Angeles River, San Gabriel River, and Los Cerritos Channel and their
tributaries
2.2 Complete the final design plans and specifications and prepare a summary identifying any changes
from the preliminary design plans in ltem 2.1. Submit the plans and summary of changes to the
Grant Manager for review and approval prior to preparing bid documents in item 2.3.
2.3 Complete the bid documents and advertise the Poect for bid. Submit the awarded bid documents
to the Grant Manager in an electronic format.
3. Constructionand lmplementation
3.1 Award the construction contract and submit the Notice to Proceed to the Grant Manager in an
electronic format
3.2 Complete construction activities in accordance with approved final design plans and specifications.
3.3 Submit as-built drawings to the Grant Manager in an electronic format.
3.4 Prepare and submit an Operations and Maintenance Plan to the Grant Manager for review and
approvai.
4. Monitoring and Performance
4.1 Monitor in accordance with the approved MP.
4.2 Analyze monitoring results, document implementation of monitoring in accordance with the MP, and
include a summary report of the monitoring results in the associated quarterly progress report. A
summary of all monitoring results shall be included in the Final Project Report.
5. Education and Outreach
5.1 Create a press release that informs the public of basic stormwater issues and notifies them of local
community events. Send the press release to a minimum of six (6) to local media outlets and
submit a copy of the press release to the Grant Manager.
5.2
Gateway Water Management Authority
State Water Board Grant Agreement No. 14-443-550
Page 6 of 20
Conduct a minimum of one (1) community event annually in each of the Los Angeles River, Los
Cerritos Channel, and Lower San Gabriel River watersheds, for a total of at least three (3) events to
educate the community about stormwater pollution sources and prevention. Submit the community
event materials to the Grant Manager.
Conduct an informal survey at each event in ltem 5 2 to assess the increase in stormwater
awareness. Submit educational materials and survey results for each event to the Grant Manager.
Oevelop and distribute outreach materials related to metals pollution in stormwater, to local schools
in each watershed. Submit the outreach materials to the Grant Manager.
Coordinate with local schools to attend the appropriate community events identified in ltem 5.2 and
submit student attendance information to the Grant Manager.
53
54
55
Gateway Water Management Authority
State Water Board Grant Agreement No. 14-443-550
PageT ot20
TABLE OF ITEMS FOR REVIEW
ITEM DESCRIPTION CRITICAL DUE
DATE
ESTIMATED
DUE DATE
EXHIBIT A - SCOPE OF WORK - WORK TO BE PERFORMED BY THE GRANTEE
A PLANS AND GENERAL COMPLIANCE
REQUIREMENTS
1.GPS information for Project site and monitoring locations Day 90
2 Monitoring and Reporting Plan
21 Project Assessment and Evaluation Plan (PAEP)Day 90
22 Monitoring Plan (MP)Day 90
23 Quality Assurance Project Plan (QAPP)Day 90
24 Proof of Water Quality Data Submission to CEDEN Before Final
lnvoice
3 Copy of Final CEQA/NEPA Documentation Day 30
4 Public Agency Approvals, Entitlements, or Permits As Needed
B PROJECT-SPECIFIC REQUIREMENTS
1 Project Management
12 Notification of Upcoming Meetings, Workshops, and
Trainings Ongoing
13 Pre-, During, and Post-Construction Photos Ongoing
14 Periodic and Final Site Visits Ongoing
2 Planning, Design, and Engineering
21 Preliminary Design Plans and Specifications December 2014
22 Final Plans and Specifications and Summary of Changes
February 2015
23 Awarded Bid Documents March 2015
3 Construction and lmplementation
31 Notice to Proceed March 31,2015
33 As-Built Drawings September 2016
3.4 Operations and Maintenance Plan October 2016
5 Education and Outreach
51 Copy of Press Release Ongoing
52 Community Event Materials November 2016
5.3 Survey Results November 2016
54 School Outreach Materials December 2016
55 Attendance lnformation December 2016
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 8 of 20
ITEM DESCRIPTION CRITICAL DUE
DATE
ESTIMATED
DUE DATE
EXHIBIT B - INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS
A INVOICING Quarterly
tr.REPORTS
1 Progress Reports within forty-five (45) days following the
end of the calendar quarter (March, June, September,
and December)
Quarterly
2 Annual Progress Summaries Annually by 9/30
3 Natural Resource Projects lnventory (NRPI) Survey Form
(lf applicable)
Before Final
lnvoice
4 Draft Final Project Report January 31,2017
5 Final Project Report February 28,2017
6 Final Project Summary Before Final
lnvoice
7 Final Project lnspection and Certification Before Final
lnvoice
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 9 of 20
EXHIBIT B
INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS
INVOICING
1 . lnvoices shall be submitted using the invoice template provided by the State Water Board. The invoice
must be itemized based on the line items specified in the Budget. The original invoice shall be submitted
to the State Water Board's Grant Manager on a quarterly basis consistent with the repo(ing schedule in
Section G.1 of this exhibit The address for submittal is:
Spencer Joplin, Grant Manager
State Water Resources Control Board
1001 I Street, 16th Floor
Sacramento, CA 95814
2. lnvoices submitted in any other format than the one provided by the State Water Board will cause an
invoice to be disputed. ln the event of an invoice dispute, the State Water Board's Grant Manager will
notify the Grantee by initiating an "lnvoice Dispute Notification" form. Payment will not be made until the
dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided
above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon
deposit of the payment, properly addressed, postage prepaid, in the United States mail. The State Water
Board Grant Manager has the responsibility for approving invoices.
3. Supporting documentation (e 9., receipts) must be submitted with each invoice to request reimbursement
for grant funds as well as to support Match Funds invoiced. The amount claimed for the Personnel
Services line item and Professional and Consultant Services line item must include a calculation formula
(i.e., hours or days worked times the hourly or daily rate = total amount claimed). lnvoice payment shall
be made only after receipt of a complete, adequately suppo(ed, properly documented and accurately
addressed invoice.
4. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been
paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by
the Grantee is not required as a condition ofthe grant disbursement, all grant disbursements received by
the Grantee shall be paid to contractors and vendors within thirty (30) days from receipt of the funds. ln
the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty (30) days
from receipt of the funds, the Grantee shall immediately return such funds to the State Water Board.
lnterest shall accrue on such funds from the date of disbursement through the date of mailing of funds to
the State Water Board. lf the Grantee held such funds in interest-bearing accounts, any interest earned
on the funds shall also be due to the State Water Board.
5. Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or
in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or
which may require any rebates to the Federal Govemment, or any loss of tax-free status on state bonds,
pursuant to any Federal statute or regulation.
6 Notwithstanding any other provision of this Agreement, the Grantee agrees that the State Water Board
may retain an amount equal to ten percent (10%) of the grant amount specified in this Agreement until
completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts
due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the
Project.
7. The invoice shall contain the following information:
a. The date of the invoice:
b. The time period covered by the invoice, i.e., the term "from" and "to";
c. The total amount due: and
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 10 of 20
d. Original signature and date (in ink) of Grantee or its authorized representative.
e Final invoice shall be clearly marked "FINAL INVOICE'and submitted NO LATER THAN
APRTL 30, 2017.
B. PROHIBITION OF INDIRECT COSTS
The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such,
grant funds may not be used for any indirect costs. "lndirect Costs" means those costs that are incurred for a
common or joint purpose beneflting more than one cost obiective and are not readily assignable to the Project
(i e., costs that are not directly related to the Project). Examples of lndirect Costs include, but are not limited
to: central service costs; general administration ofthe Grantee; non-project-specific accounting and personnel
services performed within the Grantee organization; depreciation or use allowances on buildings and
equipment; the costs of operating and maintaining non-proJect-specific facilities; tuition and conference fees;
and, generic overhead or markup. Any invoice submitted including lndirect Costs will cause that invoice, in its
entirety, to be disputed and will not be paid until the dispute is resolved. This prohibition applies to the
Grantee and any subcontract or sub-agreement for work on the Project that will be reimbursed with grant
funds pursuant to this Agreement. (Gov. Code, S 16727.)
C. BUDGET CONTINGENCY CLAUSE
The maximum amount to be encumbered under this Agreement for the 2014-15 fiscal year ending
June 30, 2015 shall not exceed ONE MILLION, SEVENTY-THREE THOUSAND, EIGHT HUNDRED
TWENry DOLLARS ($1,073,820).
lf the Budget Act of the current year and/or any subsequent years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provislon
shall be construed as a condition precedent to the obligation of the State Water Board to make any payments
under this Agreement. ln this event, the State shall have no liability to pay any funds whatsoever to Grantee
or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any
provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a
right of priority for payment over any other Grantee.
lf this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or
by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no
liability occurring to the State, or otfer an Agreement amendment to the Grantee to reflect the reduced
amount.
D. LINE ITEM BUDGET
PROP 84 MATCH TOTAL
Direct Project Administration Costs
Planning/Design/Engineering/Environmental
Equipment ($5,000 or more per item)
Construction/l mplementation
Mon itori ng/Performance
Education/Outreach
TOTAL
0 $ 78,500
$ 35,980
$ 78,500
$0$0s0
$1,073,820 $ 75,'r 3s S1,148,95s
$ 0 $ 35,980
$ 0 $ 69,700
0 $ 10,905
$ 69,700
$ 10,905
$1,073,820 $270,220 $1,344,040
F.
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 11 of20
BUDGET LINE ITEM FLEXIBILITY
1. Line ltem Adjustment(s) Subject to the prior review and approval of the Grant Manager, adjustments
between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of
the total grant amount (excluding Match Funds), including any amendment(s) thereto. Line item
adjustments in excess of fifteen percent (15%) shall require a formal Agreement amendment. lf theLine
Item Budget includes an amount for Personnel Services, that amount is based on the hours,
classifications, and rates submitted by the Grantee in its application. Any changes to the hours,
classifications, and rates must be approved, in advance and in writing, by the Grant Manager
2. Procedure to Request an Adjustment Grantee may submit a request for an adjustment in writing to the
State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per
fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the
requested changes. Changes shall be noted by striking the original amount(s) followed with revised
change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new
budget line item requires a formal amendment and are not permissible under this provision. The State
Water Board may also propose adjustments to the budget.
3. Remaining Balance. ln the event the Grantee does not submit invoices requesting all ofthe funds
encumbered under this Grant Agreement, any remaining funds revert to the State. The State Water Board
will mail a Notice of Project Completion letter to the Grantee stating that the proJect file is closed, the final
invoice is being processed for payment, and any remaining balance will be disencumbered and
unavailable for further use under the Grant Agreement.
MATCH FUNDS
1. The Grantee agrees to provide match funds in the amount of TWO HUNDRED SEVENTY THOUSAND,
TWO HUNDRED TWENTY DOLLARS (9270,220].(Match Funds) for this Protect. This Match Funds
amount is based on Line ltem Budget categories, funding sources, and amounts submitted by the
Grantee in its application and during the negotiation of this Agreement. Any Match Funds line item
changes or adjustments in Match Funds classlflcations or sources requested by Grantee must be
approved, in advance and in writing, by the Grant Manager.
2. lf, upon completion of the Prgect, the Grantee has provided match funds in an amount that is less than
the Match Funds amount set forth in paragraph F.1 above, then the State Water Board may
proportionately reduce the grant amount and/or Grantee's Match Funds amount, provided the reduced
amount(s) satisfy statutory requirements and State Water Board Guidelines.
REPORTS
I . PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant
Manager within forty-five (45) days following the end of the calendar quarter (March, June, September,
and December).
a. The progress reports shall provide a brief description ofthe work performed, accomplishments during
the quarter, milestones achieved, monitoring results (if applicable), and any problems encountered in
the performance of the work under this Agreement. Grantee shall document all contractor activities
and expenditures in progress reports.
b. The invoice should accompany the progress report. The invoice should reflect charges for the work
completed during the reporting period covered by progress report. The invoice cannot be paid prior
to submission of a progress report covering the invoice reporting period.
2. ANNUAL PROGRESS SUMMARIES. Prepare and provide an Annual Progress Summary annually by
September 30. The summary must be no more than two (2) pages, and shall include pictures as
appropriate. Upload an electronic copy of the Annual Progress Summary in pdf format to the FAAST
system. The summary shall include the following:
H
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 12 ol 20
a. A summary of the conditions the Prolect is meant to alleviate, the Project's objective, the scope of the
Project, and a description ofthe approach used to achieve the Project's objective.
b A summary of the progress made to date, significant milestones achieved, and the current schedule
of completing the Project.
c. An evaluation of the effectiveness of the Project to date in preventing or reducing pollution and
alleviating the Project's original conditions.
3. NATURAL RESOURCE PROJECTS INVENTORY (NRPI) SURVEY FORM. lf available at the completion of
this Project, the Grantee shall complete and submit electronically a NRPI Project Survey Form found at
http://www. ice. ucdavis. edu/nroi.
4 DRAFT FINAL PROJECT REPORT. Prepare and submit to the Grant Manager, for review and comment,
a Draft Final Poect Report in a format provided by the Grant Manager
5. FINAL PROJECT REPORT. Prepare a Final Project Report that addresses, to the extent feasible,
comments made bytheGrant Manageron the Draft Final Project Report. Submitone (1)reproducible
master and an electronic copy of the final. Upload an electronic copy of the final report in pdf format to
the FMST system
6. FINAL PROJECT SUMMARY. Prepare a brief summary of the information contained in the Final Prolect
Report, including before and after pictures, as appropriate. Upload an electronic copy of the Final Project
Summary in pdf format to the FMST system.
7. FINAL PROJECT INSPECTION AND CERTIFICATION. Upon completion of the Prolect, the Grantee
shall provide for a final inspection and shall certify that the ProJect has been completed in accordance
with this Agreement, any final plans and specifications submitted to the State Water Board, and any
amendments or modifications thereto. lfthe Project involved the planning, investigation, evaluation,
design, or other work requiring interpretation and proper application of engineenng, or other
professionals, the final inspection and certification shall be conducted by a Califomia Registered Civil
Engineer or other appropriate California registered professional. The results of the final inspection and
certification shall be provided to the Grant Manager
8. The Grantee agrees to expeditiously provide, during work on the Project and throughout the term ofthis
Agreement, such reports, data, information, and certifications that may be reasonably required by the State
Water Board.
PAYMENT OF PROJECT COSTS
The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs
connected with the Prolect will be paid by the Grantee on a timely basis.
AUDIT DISALLOWANCES
The Grantee agrees it shall return any audit disallowances to the State Water Board.
FRAUD AND MISUSE OF PUBLIC FUNDS
All invoices submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted
pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any
invoice containing costs that are ineligible or have been reimbursed from other funding sources unless
required and specifically noted as such (i.e., match costs). Any eligible costs for which the Grantee is seeking
reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or
any other eligible cost is illegal and constitutes fraud Any suspected occurrences of fraud, forgery,
embezzlement, thett, or any other misuse of public funds may result in suspension of disbursements of grant
funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder.
Additionally, the Deputy Director of the Division of Financial Assistance may request an audit pursuant to
Exhibit C, paragraph 4 and refer the matter to the Attorney General's Office or the appropriate district
attorney's office for criminal prosecution or the imposition of civil liability
(Civ. Code, SS 1572-1573; Pen. Code, SS 470, 489-490 )
J,
1.
Gateway Water Management Authority
State Water Board Grant Agreement No. 14{43-550
Page '13 of 20
EXHIBIT C
GENERAL TERMS & CONDITIONS
AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated
in the Agreement is binding on any of the parties.
APPROVAL: The Grantee will not proceed with any work on the Project until authonzed in writing by the
State Water Board
ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the written
consent of the State Water Board
AUDIT: The Grantee agrees the State Water Board, the Bureau of State Audits, the Governor of the State,
the lnternal Revenue Service, or any authorized representative of the foregoing shall have the right to review
and to copy any records and supporting documentation pertaining to the performance of this Agreement. The
Division of Financial Assistance (Division), at its option, may call for an audit of financial information relative to
the Project, where the Deputy Director of the Division determines that an audit is desirable to assure program
integrity or where such an audit becomes necessary because of federal requirements. Where such an audit
is calied for, the audit shall be performed by a certified public accountant independent of the Grantee and at
the cost of the Grantee. The audit shall be in the form required by the Division. The Grantee agrees to
maintain such records for a possible audit for a minimum of thirty-five (35) years after final payment, unless a
longer period of records retention is stipulated. The Grantee agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who might reasonably have
information related to such records Further, the Grantee agrees to include a similar right of the State to audit
records and interview staff in any contract related to performance of this Agreement. (Gov. Code, S 8546.7;
Pub. Contract Code, S 10115 et seq.)
BONDING: Where contractors are used, the Grantee shall not authorize construction to begin until each
contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful
performance (100%) of contract valuei labor and materials (100%) of contract value. This requirement shall
not apply to any contract for less than $25,000.00. (Civ. Code, S9550; Pub. Contract Code, S 7103.)
COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with
and require its contractors and subcontractors to comply with all applicable federal and state laws, rules,
guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the
extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for
the term of this Agreement, or the useful life of the Project, whichever is longer.
COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to
ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or
maintenance of computer software in violation of copyright laws.
CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and/or federal
conflict of interest laws
CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except
as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the
Project or any significant part or portion thereof during the useful life of the Pro.lect without prior written
approval of the Deputy Director of the Division Such approval may be conditioned as determined to be
appropriate by the Deputy Director of the Division, including a condition requiring repayment of all grant funds
or any portion of all remaining grant funds covered by this Agreement together with accrued interest and any
penalty assessments which may be due.
DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: ln the event that any breach of any of the
provisions of this Agreement by the Grantee shall result in the loss of tiax exempt status for any state bonds,
or if such breach shall result in an obligation on the part of the State to reimburse the federal government by
2.
4.
6
7.
8.
o
10
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 14 of 20
reason of any arbitrage profits, the Grantee shall immediately reimburse the State in an amount equal to any
damages paid by or loss incurred by the State due to such breach
11 DATA MANAGEMENT: This ProJect includes appropriate data management activities so that Project data
can be incorporated into appropriate statewide data systems.
12. DISPUTES: The Grantee shall continue with its responsibilities under this Agreement during any drspute. Any
dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by
the Deputy Director of the Division, or his or her authorized representative The decision shall be reduced to
writing and a copy thereof furnished to the Grantee and to the State Water Board's Executive Director The
decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of
the Division decision to the Grantee, the Grantee mails or otheMise furnishes a written appeal of the decision
to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director
shall be final and conclusive unless determined by a court of competent Jurisdiction to have been fraudulent,
or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by
substantial evidence. ln connection with any appeal under this clause, the Grantee shall be atforded an
opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and
requirements of this Agreement. This clause does not preclude consideration of legal questions, provided
that nothing herein shall be construed to make final the decision of the State Water Board, or any official or
representative thereof, on any question of law.
13. ENVIRONMENTAL CLEARANCE (CEQAJNEPAJSTREAMBED ALTERATION):
a. No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental
Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA
process are received by the Grant Manager and the State Water Board has given environmental
clearance. No work that is subject to an Environmental lmpact Report or a Mitigated Negative
Declaration may proceed until and unless approved by the Deputy Director of the Division. Such
approval is fully discretionary and shall constitute a condition precedent to any work for which it is
required. Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the
State Water Board shall constitute a breach of a material provision of this Agreement.
b lf this Project includes modification of a river or stream channel, it must fully mitigate environmental
impacts resulting from the modification. The Grantee must provide documentation that the environmental
impacts resulting from such modification will be fully mitigated considering all of the impacts of the
modification and any mitigation, environmental enhancement, and environmental benefit resulting from
the Prolect, and whether, on balance, any environmental enhancement or beneflt equals or exceeds any
negative environmental impacts of the Project.
14. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a
minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a
level of expenditure adequate to establish that such funds have not been used in violation of state law or this
Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with
generally accepted accounting principles.
15. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the
State of California.
16. GRANTEE'S RESPONSIBILITY FOR WORK: The Grantee shall be responsible for all work and for persons
or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors,
subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all
disputes arising out of its conkacts for work on the ProJect, including but not limited to payment disputes with
contractors and subcontractors. The State will not mediate disputes between the Grantee and any other
entity concerning responsibility for performance of work.
17. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts
(including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by
18
19
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 15 of 20
the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has
been reimbursed by the State under this Agreement.
INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this
Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water
Board.
INSPECTION: The State Water Board, the Bureau of State Audits, or any authorized representative of the
foregoing, shall have suitable access to the Project site at all reasonable times during Project implementation
and thereafter for the useful life of the Project to ascertain compliance with this Agreement and its goals. The
Grantee acknowledges that the Project records and location are public records.
INSURANCE: Throughout the useful life of the Project, the Grantee shall provide and maintain insurance
against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed
pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admifted to
transact business in the State of California. The insurance policy shall contain an endorsement specifying
that the policy will not be cancelled or reduced in coverage without thirty (30) days prior written notice to the
State Water Board ln the event of any damage to or destruction of the Project or any larger system of which
it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the
damaged or destroyed parts ofthe Project or its larger system. The Grantee shall begin such reconstruction,
repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and
expenses in connection with such reconstruction, repair or replacement so that the same shall be completed
and the larger system shall be free of all claims and liens
NONDISCRIMINATION:
a During the performance of this Agreement, the Grantee and its consultants and contractors shall not
unlaMully discnminate, harass, or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical
disability (rncluding HIV and AIDS), mental disabrhty, medical condition (cancer), age (over 40), marital
status, and denial of family care leave.
b. The Grantee, its consultants, and contractors shall ensure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
c. The Grantee, its consultants, and contractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov Code, S 12990) and the applicable regulations promulgated thereunder (Cal Code
Regs., tit. 2, S 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title 2
of the California Code of Regulations, are incorporated into this Agreement by reference and made a part
hereof as if set forth in full.
d. The Grantee, its consultants, and contractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other Agreement, if any.
e The Grantee shall include the nondiscrimination and compliance provisrons of this clause in all
subcontracts to perform work under the Agreement. Failure by the Grantee to carry out these
requirements and applicable requirements of 40 C.F.R. part 33 is a breach of a material provision of this
Agreement which may result in its termination.
NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies
to, any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or undertaking
established herein.
20.
2'1.
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 16 of 20
23. NOTTCE:
a. The Grantee shall notify the State Water Board prior to conducting construction, monitoring,
demonstration, or other implementation activities such that State Water Board and/or Regional Water
Board staff may observe and document such activities.
b. The Grantee shall promptly notify the State Water Board of events or proposed changes that could affect
the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial
change in the scope of the Project will be undertaken until written notice of the proposed change has
been provided to the State Water Board, and the State Water Board has given written approval for such
change.
c. Discovery ofany potential archeological or historical resource. Should a potential archeological or
historical resource be discovered during implementation of the Project, the Grantee agrees that all work in
the area ofthe find will cease until a qualified archeologist has evaluated the situation and made
recommendations regarding preservation of the resource, and the Deputy Director of the Division has
determined what actions should be taken to protect and preserve the resource. The Grantee agrees to
implement appropriate actions as directed by the Division.
d. Discovery of any unexpected endangered or threatened species, as defined in the federal or California
Endangered Species Acts. Should a federal or state protected species be unexpectedly encountered
during implementation of the Project, the Grantee agrees to promptly notify the Deputy Director of the
Division. This notification is in addition to the Grantee's obligations under the federal or state Endangered
Species Acts
e. The Grantee shall notify the State Water Board at least ten (10) working days prior to any public or media
event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for
attendance and participation by State Water Board's representatives.
f. The Grantee shall promptly notify the State Water Board in writing of completion of work on the Prolect.
g The Grantee shall promptly notify the State Water Board in writing of any cessation of all major
construction work on the Project where such cessation of work is expected to or does extend for a period
of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is
expected to or does delay completion of construction for a period of ninety (90) days or more beyond the
estimated date of completion of construction previously provided.
24. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures
constructed or improved as part of the Project throughout the useful life of the Project, consistent with the
purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the
facilities and structures; the State Water Board shall not be liable for any cost of such maintenance,
management or operation. The Grantee may be excused from operations and maintenance only upon the
written approval of the Deputy Director of the Division. For purposes of this Agreement, "operation costs"
include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar
expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to
prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or
reconstruct capital assets or basic structures.
25 PERMITS, CONTRACTING, AND DEBARMENT: The Grantee shall procure all permits and licenses
necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all
notices necessary and incidental to the due and lawful prosecution ofthe work. Any contractors, outside
associates, or consultants required by the Grantee in connection with the services covered by this Agreement
shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for
this Agreement, if any, or as are specifically authorized by the State Water Board's Grant Manager during the
performance of this Agreement. Any substitutions rn, or additions to, such contractors, associates, or
consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. The
Grantee shall not contract with any pa(y who is debarred or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive O.det 12549, "Debarment and
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 17 ol 20
Suspension". The Grantee shall not contract with any individual or organization on USEPA's List of Violating
Facilities. (40 CFR, Part 3'l.35; Gov. Code, S 4477) www.echo.epa gov. The Grantee certifies to the best of
its knowledge and belief, that it and its principals:
a A[e not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any federal department, the California Department of lndustrial Relations (DlR) or Grantee;
b Have not wthin a three (3)-year period preceding this Agreement been convicted ofor had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false stiatements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (federal,
state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification;
and,
d. Have not within a three (3)-year period preceding this application/proposal had one or more public
transactions (federal, state or local) terminated for cause or default.
26 PREVAILING WAGES AND LABOR COMPLIANCE: lf applicable, the Grantee agrees to be bound by all the
provislons of the Labor Code regarding prevailing wages and shall monitor all contracts subject to
reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are
being met. The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted
with a third party that has been approved by the Director of DIR to operate an LCP. Current DIR
requirements may be found at htto://www dir.ca.qov/lco.aso. For more information, please refer to DIR'S
Public Works Manual at: hfto://www.dir.ca.qov/dlse/PWManualCombined.odf.
27. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services
under this Agreement where such services are called for. All technical reports required pursuant to this
Agreement that involve planning, investigation, evaluation, or design, or other work requiring interpretation
and proper application of engineering or geologic sciences, shall be prepared by or under the direction of
persons registered to practice in California pursuant to Business and Professions Code, sections 6735, 7835,
and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 and 3065,
all technical reports must contain a statement of the qualiflcations of the responsible registered
professional(s). As required by these laws, completed technical reports must bear the signature(s) and
seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the
professional responsible for the work.
28. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted accounting principles, the Grantee agrees to:
a. Establish an olficial file for the Project which shall adequately document all significant actions relative to
the Project;
b. Establish separate accounts which will adequately and accurately depict all amounts received and
expended on this Project, including all grant funds received under this Agreement;
c. Establish separate accounts which will adequately depict all income received which is attributable to the
Project, especially including any lncome attributable to grant funds disbursed under this Agreement;
d Establish an accounting system which will adequately depict final total costs of the Project, including both
direct and indirect costs;
e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal
reporting requirements, including any and all reporting requirements under federal tax statutes or
regulations; and,
,o
30
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 18 of 20
f lf a Force Account is used by the Grantee for any phase of the Project, establish an account that
documents all employee hours, and associated tasks charged to the Project per employee.
RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under
this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water
Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding
any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this
Agreement or to repay all of the grant funds plus interest.
RIGHTS lN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer
programs, operating manuals, audio and video recordings, notes, and other written or graphic work produced
in the performance of this Agreement shall be in the public domain The Grantee may disclose, disseminate
and use in whole or in part, any final form data and information received, collected, and developed under this
Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support.
The Grantee shall not utilize the materials for any profilmaking venture or sell or grant rights to a third party
who intends to do so.
STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project
applications, documents, permits, plans and specifications or other Project information by the State Water
Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly
plan, design, construct, operate, maintain, implement, or otheMise carry out the Project. To the extent
permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Board and the
State against any loss or liability arising out of any claim or action brought against the State Water Board
and/or the State from and against any and all losses, claims, damages, liabilities or expenses, of every
conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with
(1) the Pro.lect or the conditions, occupancy, use, possession, conduct or management of, work done in or
about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2)
the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any
violation of any applicable law, rule or regulation, any environmenlal law (including, without limitation, the
Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource
Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water
Pollution Control Act, the Clean Air Act, the Califomia Hazardous Waste Control Law and California Water
Code, section '13304, and any successors to said laws), rule or regulation or the release of any toxic
substance on or near the System; or, (4) any untrue statement or alleged untrue statement of any matenal
fact or omission or alleged omission to state a material fact necessary to make the statements required to be
stated therein, in light of the circumstances under which they were made, not misleading with respect to any
information provided by the Grantee for use in any disclosure document utilized in conneclion with any of the
transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to
pay and discharge any judgment or award entered or made against the State Water Board and/or the State
with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The
provisions of this section shall survive the term of this Agreement.
SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall notbe used for supplemental
environmental projects required by Regional Water Boards.
STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy
provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy
available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such
breach occurs before or after completion of the Pro.lect, and exercise of any remedy provided by this
Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal
remedy or right which would otherwise be available. ln the event of litigation between the parties hereto
arising from this Agreement, it is agreed that each party shall bear its own filing costs and attorney fees.
TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by
written notice at any time prior to completion of the Project, at the option of the State Water Board, upon
violation by the Grantee of any material provision after such violation has been called to the attention of the
Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement
within a reasonable time as established by the State Water Board. ln the event of termination, the Grantee
agrees, upon demand, to immediately repay to the State Water Board an amount equal to the amount of grant
3'1.
JZ.
JJ.
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 19 of 20
funds disbursed to the Grantee prior to such termination. ln the event of termination, interest shall accrue on
all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to/from
the Grantee to the date of full repayment by the Grantee
35. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the
Prolect in an expeditious manner
36. TRAVEL AND PER DIEM: Any reimbursement for necessary travel andperdiemshall beatratesnotto
exceed those set by the California Department of Human Resources These rates may be found at. Reimbursement will be at the State
travel and per diem amounts that are current as of the date costs are incurred by the Grantee. No travel
outside the State of California shall be reimbursed unless prior written authorization is obtained from the
Grant Manager
37. UNENFORCEABLE PROVISION: ln theeventthatany provision of this Agreement is unenforceable orheld
to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have
full force and effect and shall not be affected thereby.
38. URBAN WATER MANAGEMENT: The Grantee certifies that this Project complies with the Urban Water
Management Planning Act (Water Code, S 106 10 et seq.). This shall constitute a condition precedent to this
Agreement.
39. USEFUL LIFE OF PROJECT: Forthe purpose of this Agreement, the useful life of any constructed portions
of this ProJect begins upon completion of construction and continues until fifty (50) years thereafter for
pipelines and structures and twenty (20) years for all else.
40. VENUE: The State Water Board and the Grantee hereby agree that any action arising out of this Agreement
shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the
United States District Court in and for the Eastern District of California. The Grantee hereby waives any
existing sovereign immunity for the purposes of this Agreement.
41 WAIVER AND RIGHTS OF THE STATE WATER BOARD: Any,rvaiver of rights with respect to a default or
other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights
with respect to any other default or matter. Any rights and remedies of the State provided for in this
Agreement are in addition to any other rights and remedies provided by law.
42. WATER CONSERVATION AND EFFICIENCY PROGRAMS: The Grantee acknowledges that it has
appropriate water conservation and efficiency programs in place, and that this provision constitutes a
condition of the grant award. A web link with examples of water conservation and efficiency programs is
available at:
The Grantee also agrees to comply with the State Water Board's Drought Emergency Water Conservation
regulations in sections 863-865 of title 23 of the California Code of regulations. lf applicable, the Grantee
agrees to include a discussion of progress and complance in its reports submitted pursuant to Exhibit B of
this Agreement.
43 WATER RIGHTS: The Grantee acknowledges that its eligibility for this Grant award is conditioned on its
compliance with Water Code section 5'103(e), if applicable. The Grantee further certifies that it is not required
to file a Statement of Diversion and Use pursuant to Water Code section 5101.
44 WATERSHED MANAGEMENT PLAN CONSISTENCY: The Grantee certifies that any watershed protection
activity undertaken as part of this Project will be consistent with the applicable, adopted, local watershed
management plans and the applicable Water Ouality Control Plan (Basin Plan and/or Statewide) adopted by a
Regional Water Board or the State Water Board, where such plans exist. Any such activity occurring in the
San Gabriel and Los Angeles watersheds shall be consistent with the San Gabriel and Los Angeles River
Watershed and Open Space Plan as adopted by the San Gabriel and Lower Los Angeles Rivers and
Mountain Conservancy and the Santa Monica Mountains Conservancy
45 WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of
the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or
threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the
Grantee fails to maintain reasonable progress toward completion of the Project.
Gateway Water Management Authority
State Water Board Grant Agreement No. 14443-550
Page 20 of 20
EXHIBIT D
SPECIAL CONDITIONS
Proposition 84 Stormwater Grant Program
1. The Grantee certifies that it is a local publicagency (i.e., oneof the following: a city, county, cityand county,
district, or a joint powers authority comprised entirely of local public agencies).
2. The Grantee certifies that this Project is intended to achieve one of the purposes set forth in Public Resources
Code section 75050.2(a)
3. The Grantee certifies that any real property or interests in real property acquired for this Project shall be
acquired from a willing seller.
4. The Grantee certifies that it is providing a match in the amount of at least 20% of the total Prolect cost.
5. The Grantee certifles that in no event will it complete this Project later than MARCH 31,2017. ll
acknowledges that this condition is a material condition of this Agreement.
RECElVED
JAN t 5 20ls
CITY CLERl{'S OFFICE JOINT STAFF REPORT
CITY ADMINISTRATION & HUMAN RESOURCES
DATE:
TO:
F'ROM:
RE:
January 20,2015
Honorable Mayor and City Council
Mark C. Whitworth, City Administrator f n*/
Teresa McAllister, Director of Human Resources slr'
CITY COI]NCIL DETERMINATION IN THE GRIEVA}ICE APPEAL
PROCESS REGARDING THE CITY OF YERNON F'IREMEN'S
ASSOCIATION GRIEVANCE OF ARTICLE, THREE, SECTION 7 OF
TIdI,2OI2-20I4 MOU - MERIT STEP ADVANCEMENT
Recommendations
It is recommended that the City Council:
l) Find that this staffreport outlining the background of and staff s recommendation to deny
a grievance filed by the City of Vernon Firemen's Association (VFA) is exempt under the
Califomia Environmental Quality Act (CEQA) in accordance with Section 15061(bX3),
the general rule that CEQA only applies to projects that may have an effect on the
environment.
2) Deny the grievance filed on behalf of the Vemon Firemen's Association, and all
represented VFA employees alleging breach of merit salary step provision in applicable
2012-2014 Memorandum of Understanding between the VFA and the City.
Background and Timeline of Events
o At the City Council meeting of June 8,2009, as part of the 2009-2010 budget review and
adoption process, the Council approved a freeze on all employee merit step increases
effective July 1, 2009. The June 8,2009 City Council minutes are attached hereto as
Exhibit A. The freezing of merit step increases was a tool used to help meet budget
reduction goals as a result of the economic conditions having a negative impact on the
City's general operating revenues.
o Effective April 19, 2011, VFA and the City entered into a Memorandum
Understanding (MOU) effective April 19, 2011 through June 30, 2011. Notably,
MOU became effective after City Council adopted the fiscal year 2010-2011 budget.
of
the
As part of the 20ll-2012 budget review and adoption process, the City Council allocated
funds for a "one-time" merit increase for all eligible City employees if subsequently
authorized by Council. Such subsequent authorization was granted by City Council at its
meeting of January 3, 2012, to implement one-time, one-step merit increases effective
January 3,2012. The corresponding City Administration Staff Report dated December
13,2011, and January 3,2012 City Council minutes are affached hereto as Exhibit B.
Effective July 1, 201 I through June 30,2012, VFA and the City entered into a successor
MOU. Dtring the term of the contract, all eligible VFA members received the one-time,
one step increase effective January 3,2012 as approved by City Council as part of the
20ll-2012 budget review and adoption process.
Effective July 1, 2012 through June 30, 2014, VFA and the City entered into another
successor MOU; the issue of salaries and merit step increases were discussed during
these MOU negotiations. Notably, no unit member received a merit step increase beyond
the City Council's authorized increase effective January 3,2012.
As part of the 2012-2013 budget review and adoption process, the City Council approved
the continuation to freeze all citywide merit step increases. A budget-related sunmary
presented by the City Administrator on June 12,2012 included various cost saving and
revenue generating measures that were proposed to continue or be implemented anew in
2012-2013 in order to address the structural deficit in the City's General Fund. The
presentation pointed out that annual step increases had been frozen since 2009. The June
12, 2012 City Council minutes and PowerPoint presentation given by the City
Administrator are attached hereto as Exhibit C.
As part of the 2013-2014 budget review and adoption process, the City Council approved
the continuation to freeze all citywide merit step increases. At its meeting of June 18,
2013, the City Council approved the 2013-2014 fiscal year budget containing the overall
cost savings (implementation of PARS and withheld merit step increases) for the
department's budgets for fiscal year 2013-2014.
o On September ll, 2013, Robert Wexler, Attorney for VFA, requested a meeting to
discuss the issue of merit step increases. City staff met with Mr. Wexler and certain
members of VFA on September 30, 2013. VFA strongly urged the City to reinstate the
merit step increases of their members which had been frozen since 2009. VFA believed
the reinstatement of merit step increases for VFA members would be a minimal
(approximately $100,000) impact to the City. VFA asked that the City Administrator
authorize the Finance Department/Payroll division to provide payroll information relating
to their members, in order to present a financial impact to the City at a subsequent
meeting relating to the reinstatement of VFA merit step increases. Mr. Wexler failed to
follow-up with the Human Resotuces Director regarding the subsequent meeting.
o On January 23, 2014, the City Administrator received a letter from VFA Attorney
Richard Levine, demanding the immediate resumption of salary increases for employees
represented by VFA. The City responded and requested clarification to ensure that the
City responds appropriately and in accordance with proper procedures as set forth in the
201212014 MOU. Mr. Levine responded that the City Council did not timely and/or
appropriately act to suspend salary step increases. Mr. Levine requested that the City
resolve this matter or alternatively waive the exhaustion of the Grievance Procedure so
that the matter could be adjudicated in Court.
On February 26,2014, the City and the VFA began negotiations for a successor MOU.
Several proposals and discussions ensued regarding merit step increases of VFA
members and the crty's financial ability to pay.
Between April 14 and April 17,2014, approximately thirteen (13) grievances were filed
by various employees represented by VFA. The grievances alleged that VFA members'
merit increases (based on anniversary dates at various times in calendar year 2013) were
withheld in violation of Article Three, Section 7 of the 2012-2014 MOU between the
City and the Vernon Firemen's Association.
Between April 21 and April 24,2014, the City timely responded at Step 1 (Supervisor
Response) of the grievance procedure to ten (10) of the grievances filed by employees
represented by VFA. Ten (10) grievances were denied based upon Article 9, Grievance
Procedures, of the YFA2012-2014 MOU which requires presentation of the grievance
within ten days of the occurrence of the action beins srieved. The action forming the
basis of the employee's grievance was according to their written grievance submission,
the 2013, nonpayment of a merit step increase. The grievances filed were all over eight
to nine months after the occurrence of the action. Therefore, the basis for the City's
denial of the grievance was that they were untimely under the MOU provisions governing
the grievance procedure.
Three (3) of the grievances filed were timely and the City responded at Step 1
(Supervisor Response) informing employees that supervisors lack authority to provide the
remedy they seek and therefore denied the grievance and referred the grievant to Step 2
of the grievance process which was the Fire Chief.
On April 30,2014, the Fire Chief responded at Step 2 of the grievance procedures to the
three (3) grievances remaining by VFA employees. The Fire Chief responded that the
withholding of merit increases was an action taken by the City Council in accordance
with Article Three, Section 7, Merit Step Increases of the 2012-2014 MOU which states:
"The promotion or salary increase to said grade shall remain the sole discretion
of the City Council".
The Fire Chief lacked the authoriry for the remedy the grievant sought and therefore
denied the grievance and referred them to Step 3 of the grievance process, which is to be
submitted to mediation with the California State Conciliation Service.
On May l, 2014, the Vernon Firemen's Association filed a concurrent grievance on
behalf of all its represented members and joined in the pending three (3) grievances
described above (referred to herein as the "collective grievance"). VFA alleged the City
denied salary step increases in breach and violation of Article Three, Section 7, Merit
Step Increases.
VFA contends that the language contained in the MOU entitles VFA-represented
employees to a mandatory salary step increase each yea.r upon satisfactory performance,
unless the City Council takes formal legislative action to deny such salary step
progression. The VFA contends that the City Council failed to take formal legislative
action to deny salary step increases during the fiscal year 2013-2014 (as well as during
fi scal years 20 1 0 l20l l, 201 | 12012, and 201212013).
VFA further requests that the City implement retroactive salary step increases for all of
its represented employees occupying Salary Steps 4 or higher upon satisfactory
performance, effective their yearly employment anniversary date.
On May 7, 2014, Fire Chief Michael Wilson responded to VFA at Step 2 of the class-
action grievance. Chief Wilson informed the Association that the VFA collective
grievance was also deemed to be at Step 3 (Mediation). Given the VFA's joinder in the
three underlying grievances and the commonality of issues, the City now considered this
a single grievance and submitted the matter for mediation.
Between June 1, 2014 and July 20, 2014, the City received approximately thirteen (13)
new grievances filed by various employees represented by VFA alleging the continuance
and commonality of issues regarding merit increases. This time however, the alleged
violation was for withheld merit increases for calendar year 2014 and VFA contended
that the City Council failed to take formal legislative action denying salary step increases
for the 2013-2014 fiscal year in addition to prior years of inaction. The grievants alleged
this was a violation of Article Three, Section 7 of the 2012-2014 MOU between the City
and the Vernon Firemen's Association.
Between June 4, 2014 and Jiuly 21, 2014, Teresa McAllister, Director of Human
Resources responded to all grievants at Step 2 of the grievance procedure. Ms.
McAllister informed all grievants that VFA had joined in the pending merit increase
grievances brought by several individual employees. The grievance had progressed to
Step 3 of the process and all grievances were considered as a single grievance and
therefore will proceed through one mediation process.
The City and VFA agreed to an informal mediation process and on July 15, 2014 met
with Mediator, John Bishop, former LA County Fire Association President. The parties
were unable to settle the dispute at the informal mediation process and consequently
moved the matter to formal mediation (Step 3) with the State of Califomia Mediation and
Conciliation Service.
Pursuant to Step 3 of the Grievance Procedure in Article Nine of the 2012-2014 MOU
between the City and the VFA, the parties met on November 12, 2014 with a
representative of the State of Califomia Mediation and Conciliation Service. Loretta Van
Der Pool of the State Mediation and Conciliation Service served as the mediator for this
process. The parties were unable to resolve the issue at mediation and consequently the
mafier is before the City Council at Step 4 of the 2012-2014 Grievance procedure.
4
Factors Considered bv Citv Staff to denv the Grievance filed bv VFA
The Association contends that the City Council failed to take formal legislative action to deny
salary step increases during the fiscal year 2013-2014 (as well as dtring fiscal years 201012011,
20 | I 120 12, and 2012 12013).
City staff disagrees with the Association's contention based upon the following:
1. Each fiscal year, step increases and other personnel-related costs are formally addressed
by the City Council as part of the budget review and adoption process. Based on the
City's overall financial position at the time, the City Administrator specifically
reco[lmends the inclusion or exclusion of step increases for a particular fiscal year, and
the City Council ultimately decides whether to include or exclude step increases, thereby
exercising its sole discretion.
2. FY 2009 - 2010 - At its Special meeting held on June 8, 2009, the City Council approved
the fiscal year budget for 2009-2010. The budget adoption included the City
Administrator's recommendation to freeze all step increases for fiscal year 2009-2010.
(See Exhibit A - Minutes of the Special City Council Meeting - June 8, 2009.)
3. FY 2010 - 20ll - As part of the budget process for 20101201 l, it was recommended that
salaries continue to be frozen as the city's financial constraints continued as a result of
the economic downtum.
An additional factor considered was that VFA and the City did not enter into a MOU
until April 19, 2011 through June 30, 20ll . This occurred at the end of fiscal year 2010-
2011, after City Council had already approved the 2010-2011 budget, and approved the
continuation to freeze citywide merit step increases. No unit member received a merit
step increase during the term of this contract and no grievance had been filed alleging the
City Council failed to take action to deny salary step increases during the period of April
19,20ll through June 30, 2011. Employees represented by VFA would have been aware
of the occunence of the action (freeze of merit increases) taken by City Council.
Therefore, any alleged violations for 201012011 fiscal year should be rejected as
untimely.
4. FY 20ll-2012 - As the VFA's grievance contends step increases have been frozen
citywide since the 200912010 fiscal year. At its meeting of August 16, 2011, upon
conclusion of the annual budget process, the City Council approved the fiscal year 20ll-
2012 brfiget, which included an allocation of $300,000 for one-time, one-step increases
to all eligible employees if subsequently authoized by Council. Such subsequent
authorization was granted by City Council at its meeting of January 3, 2012, to
implement one-time, one-step merit increases effective January 3,2012. (See Exhibit B -
Minutes of the Regular City Council Meeting - January 3,2012.)
5. FY 2012-2013 - As part of the budget adoption process for 2012-2013, the City
Administrator recorlmended that the City Council continue to freeze citywide merit step
increases during fiscal year 20t2-2013 as one of numerous cost-saving efforts to meet
expenditures with revenues. (See Exhibit C - Minutes of the Regular City Council
Meeting - June 12,2012; and City Administrator PowerPoint Presentation.)
An additional factor considered was VFA and the City entered into another successor
MOU effective July l, 2012 through June 30,2014. Dwing the negotiation process, the
City strongly emphasized that merit step increases were not automatic and promotions
and salary increases would remain at the sole discretion of the City Council. Mr. John
Bishop, former LA County Fire Association President and the City's Chief Negotiator
during this time, would be willing to attest to this discussion held with VFA should the
City Council require his written or verbal statement.
6. FY 2013-2014 - On November 6, 2012, City staff reported to City Council that the
current economic conditions continued to have a negative impact on the City's general
operating revenues. The updated projections for fiscal year (201312014) indicated a
structural budget shortfall (spending in excess of revenues). As an additional tool to help
meet budget reduction goals, the City Council adopted a supplemental retirement
program with the Public Agency Retirement System (PARS) to accelerate the normal rate
of attrition, thus allowing the City to rapidly reduce its workforce and create additional
budget savings that help address the City's budget shortfall.
At its meeting of June 18, 2013, the City Council approved the 2013-2014 fiscal year
budget containing the overall cost savings (implementation of PARS and withheld merit
step increases) for the department's budgets for fiscal year 2013-2014. Freezing of
citywide merit increases, including all employee related compensation matters, were
appropriately presented to City Council for consideration dwing the budget review and
adoption process. Staff informed City Council that efforts continued to further identiff
operational efficiencies and to reduce costs.
Another factor considered was the December 17,2013 public presentation made by Dean
Richens, President of the VFA (Exhibit D). During the December 17 ,2013 City Coturcil
meeting Mr. Richens publicly acknowledged, "There has been a merit step freeze for the
last five years". He understood that the City had budget concems, but advised that
increasing the Fire Department's budget needs to be considered. Through Mr. Richens'
public acknowledgement, it is apparent that VFA was well aware of the City Council's
continued budget action that maintained a freeze on merit step increases.
Staff Recommendation
Based on the foregoing, City staff recorlmends that City Council deny the grievance fiIed on
behalf of the Vemon Firemen's Association, and all represented VFA employees alleging breach
of merit salary step provision in applicable 2012-2014 Memoranda of Understanding between
the VFA and the City.
In summary, City staff contends:
1. Article Three, Section 7, Merit Step Advancement of the VFA 2012-2014 MOU states;
"The promotion or salary increase to said grade shall remain at the sole discretion of
the City Council". As outlined above, the City Council has exercised its sole discretion
through each annual budget adoption process. Freezing of citywide merit increases,
including all employee related compensation matters, were appropriately presented to
City Council for consideration during each fiscal year budget review and adoption
process. There is no language contained in the MOU that specifically states what method
or procedure the City Council must employ to deny merit step increases.
2. In accordance with Section Nine, Grievance Procedure of the 2012-2014 MOU, the
aggrieved employee shall present orally or in writing to his immediate supervisor within
ten (10) working days of the "occuruence of the action" giving rise to the grievance.
The action forming the basis of the employees and VFA grievance was according to their
written grievance submission in20l4. The basis for staff s recorrmendation to deny the
grievance is also in part that the grievances were untimely under the MOU provisions
goveming the grievance procedure. The occurrence of the action (reeze on merit
increases) gave rise to the grievant since its initial action taken by City Council effective
July l, 2009 and continuing to-date. City staff contends the continuance and
commonality of issues regarding merit increases have been occurring for more than five
years. Therefore any alleged violations occurring for hscal years 201012011,201112012,
201212013, and201312014 should be rejected as untimely due to the continuance of the
occurred action.
Fiscal Impact
Should the City Council deny the VFA grievance there is no financial impact.
Should the City Council approve the VFA grievance the approximate financial impact is
$356,795, in addition to any potential financial impact the City could face if other recognized
employees/employee organizations with a similar MOU provision respecting merit step
increases, filed grievances against the City.
7
EXHIBIT A
MIITUIES OF fI{E SPECIAI CfTY COI'NCIL
Ii,IERIING OF THB CITY OP VERNON I{E!'D
MONDAY, JIINE 8' 2009, \a 2tL2 P.t4.
IN THE COT'NCTL CHAMBERS OF TI{E CITY HAL.L
LoCATED AT ,1305 SAIIIA FE AvENoE,
I'BRNON, CSIIFORNIA
Gonzalea, Malburg, Davi6, l{aisano
Mccorfllck
MBI'IBERS PRESBNT:
MEMBERS AASENT:
The neeElhg waa called to order by I'layor Gonzal's'
special couneel adviged that there were no changes Eo
tslE agenda .
special counael alnounced to the audience Ehat thi6
wag Ehe tine for Public commenla '
Mayor Gonzalcs aBked lf there waE artyone in Ehe
audience who wished Eo addteas the city Courcil ats thig tirne '
The city AdtlniBtraEor advised oE Lhe aew approach he
i8 laklng in an aitenpt to maceh revenueE again8t expense6 and
hi6 dire;tive to atl dcparEncnt heada Eo reduce t'helr budgets by
at leaat 8t ln addlEion tso a freeze on aI1 6Eep increaBes for
Ehe upcomlng fiEcal year. He algo rcported tshat cal)ital
proje;tss would be silt a8ide until fundB become availal'1e '
sPecial coun6el EupPorred thc cily Admj'ni6trator' 6
Btrategiy to batance the ciEy'6 revenuea againgt elq)enaes ' He
also piivi<leil a sullltrary of tshe Etate's financial sEatus arld lrot{
Ehe 8;ate'8 budget vrould financially affecE aL1 cities'
Ttre City AdminisEraEor diBcu6sed the lmportarce of
havlng funds avatlable to invesE in rcnewable energTy, if
neceasary, Eo eequre che ciEy'a Eurvlval ln fuEure years '
There waE no one elae ln the audience who wiEhed to
address the city council aE thi6 Eine.
speclal counEel announced that now wa8 tshe tiltre co
begin Ehe 2009-2010 budget revierc.
fhe ciLy AdninisErator addreased in deEail tshe
propoEed 2009-2010 budgets for the foltowing departments:
1. L & P - franEnigslon & DiEEribution
2. L&P-AdndnlEEration
3. Fiber optics
4- Gae
5. 6as Flnancing
Special city Council MeeEing Minut.es
Jr.ue 8 , 2OO9
There being no furcher business to come before Ehe
City Council aE this Eime, 1t was moved by Davis, seconded by
Maisano, t.hat the meeting be adjourned, the time being 3:2? p'm'
Motion carried.
ATTEST:
Name: Hilario
Page 2 of 2
Cicy Clerk
EXHIBIT B
RECEIVED
DEC 1 5 20il
CTTYCLERK'S urrtut STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
f)ecembcr 13, 201I
Honorable Ci6 Council
Mrrk C. Whitworth, City Administrator
t nrplementation of Certain Bud get-ApProvcd
On August 16. 201 I the City Council approved the budget for fiscal year 201 l-2012. The
budget appropriated expenditures for lhe ibllorving:
. Onc-time. one-step increases for eligible emplol'ees,. Ad.iustrnents for cenain department heads to the levels prescribed pursuant to the results
of the salary survey conducted in line rvith the Van de Kamp recommendations.
. Reclassification ofcenain employees. subject to the adoption ofthe corresponding
resolution to establish the proposed new position and related scale.
The afbrementioned adjustments rvill be implemented elTective Janua4' 1.2012. unless
otheNise directed b1,the City Council.
I look tbnvard to discussing rhis maner with you at the next City Council nreeting.
MINIITES OF THE REGUI,AR CITY COI]NEIL MEETING OF
THE CITY OF VERNON HBLD TUESDAY, .JA}IUARY 3, 20L2,
IN THE COUNCIL CHAI'TBBR OF THE CITY HAI.L LOCATED
AT 4305 SA}ITA FE AVENUE, VERNON, CSI.IFORNIA
MEI{BERS PRESENT: Davls. Mccormiek, Maisarto, Newmj-re
MEMBERS AIISEITIT: None
lhe meeEing waE called Eo order at 9:17 a.m. by Mayor Pro-Tem
Davis.
Kevln Monge of the Boy ScouEs Troop 419 Ied Ehe flag saIutse.
Ifre Clty Clerk announeed a change Eo Ehe agenda. Under the
service Pin Awards, Stephalie Johnson's years, of service iE
corrected to l-0 years as opposed to 15 years.
Ihe CiEy Clerk also arrrounced that the December 2O, 20LL,
effective dates on the agenda items will be reflecEed as January
3, 201-2, due to the continuation of the agenda.
It was moved by McCormick and seconded by Maisano to amend Ehe
agenda as recommended. Motion carried, 4-0.
EI.ECIIOI UATTBRE!
1. ElecEion of Mayor PursuanE ChaPter 3.5 of Ehe eity of
vernon Charler. If necessary, selection of Mayor Pro Tem
pursuanE Eo ChaPter 3.5 of the chartser.
fhe City Cle,rk ca1led for nominatione. It was rnoved by
Councilman McCormick to nominate Mayor Pro-Tem Davis as Mayor,'
it was seconded by Davls. CouncilmaJr Maisano moved to
nominate Councilman Newmire as Mayori iE, was seconded by
Newmlre.
Counsel Dana Reed suggested a ro11 call votse- The City Clerk
caLLed each couneiLmember by name requesting their vote:
. Counciluran Newmire: Newmire
. Councilman Maisano: Newmire
. Couneilman Mceoflnick: Davie
. Mayor Pro-Tem Davis: Davis
The City Clerk announced that there was no majoriEy voEe. A
Mayor waa not elected.
2. Resolution No. 2011-04 - A Resolution of the City Council
of the City of Vernon ReciEing the FacE of the Municipal
EleeEion Held on November 8, 2011 and the Speclal Mailed
Ballot Election Held on November 22, 20LL, Declaring the
ResuItE and such otsher MatterE as Provided by Law
IE uras moved by McCormick and seconded by Newmire to apProve
Resolutsion No. 2011-04. Motion carried, 4-0.
In response to Councilman Newmire's inquiry on Ehe elect'ion for
the srh vacant seat, Counsel Reed and hthitworth advised Ehat iL
was up to City Council to give direcElon to 6taff to eall for an
election,
Regular cit.y Council Meeting Mlnutes
,fanuary 3, 20L2
It was moved by Newmire ald seconded by Maisano Eo place the
calling of an elecEion on the nexE agenda. Motion carried, 4-0.
The cib,y Clerk announced thaE. ttLi6 eras Che tlme allotted for
pubJ-ic cornrnenE. The Mayor Pro-Tem ingrrired whether anyone in
Ehe audience wished to address t.he City Council.
EEhics Advisor 'fohn val1 de Kamp recommerlded an amendment to the
Clty Chart,er that would address the issue of an election wiEh
multiple open seats.
Counsel Reed advised that Council has the opportunity to direct
sEaff to include Ehe proposed charter amendmenE on the next
elecEion-
PRESE!{TAIIONS
Mayor Pro-Tem presented a service pin to SE,ephanie ,Johnson, l,ead
Records Technician, for her 10 years of service.
TLre Citsy Council also recognized Cynthia Mireles, Administrative
AEEiEtanC, for her 5 years of service who was unable to atrtend
the meeEing.
The City Clerk read and presented Lew Pozzebon with a
proelamatlon for hls ma-ny years of service as Direcror,/Health
Officer on behalf of the C1E.y Council.
Pozzebon thanked Ehe City Council for their support dur.ing his
26 years of service.
The eiEy elerk read ResoluEion No. 2012-01 - A Resolution of the
ciEy councll of Ehe ciEy of vernon Commending and Honoring
Former Mayor Hilario Gonzales for His Many Years of Service to
the CiEy of Vernon.
It was moved by Mccormick and seconded by Maieano Lo approve
ReeoluEion No. 2012-01- Motion carried, 4-0.
Former Mayor Hilario Gonzales reflected on his years in Vernon,
and e>qrressed. his appreciation towards the city and its
employees.
UINUTEE
fts was moved by Maisano and seconded by Nevrrnlre uo approve Ehe
MinuEes of the Regular City Council ueeting held November 15,
21ll. Motion carried, 4-0.
IE was moved by McCormick and seconded by Newmire to approve the
MinuEes of Ehe Regular CiLy Cotmcil Meeting held December 5,
2011-. Motion carried, 4-0,
IL was moved by Newmire and seconded by Maigano to approve Ehe
Minutes of the Special City Councit Meet.ing held December 15,
201a. Motlon earried, 4-0.
It was moved by McCormick and seconded by Davis to aPprove Ehe
Minutes of Lhe Regular City Cor:ncil Meeting held December 20,
zol]-. Maisano aJld Newmire abstained. The minutes are Lo be
f1led and recorded.
Page 2 of 1L
Regular City Council Meeting Minutes
.Ianuary 3, 2OL2
Tt was moved by I'lcCormick arrd seconded by Davis Eo approve the
Minutses of the Special City Council l'leeting held December 22,
2011. Mai-sano and Newmire absEained. The minuEes are to be
filed and recorded.
PT'BI.IC HEARINGS
At 9:45 a,m,, i.t was moved by McCormick and secouded by tl,aisano
to open the public hearing Eo consider the adoption of the
proposed t aE.er raEe adjustments-
Director of Conrmunity Services & Water DePartment Kevin Wilson
made a presenEaEion oE! the waEer raEe lncreases.
Wilson proposed a 1.898 increase for the meter charges, a 15.84e
inerease for Ehe cofimodity charge, and all 11.499 lncrease for
the sguare foocage charge. In total, the new proPosed rate
increases are estimaEed to have a 7.82% increase on revenues
eollected.
Wilson advised LhaE while the proposed recycled watser ratse would
be a deerease Eo eu6tomer6, t,he Malburg Generaelng Statlon wa6
the only user.
At 10:01 a-m., it waa moved by McCormick and seconded by
Maj-sano, to close the public hearing. Motion carried, {-0.
ReEolutioR No. 2012-05 - A Re6olution of the City Counell of the
City of vernon Establishing Ehe RaEes for Ehe Sale of water ln
Ehe city of Vernon in Accordance wiih the vernon City Code and
ordinance No. 1029
It was moved by Maisano a-rrd seconded by McCormick E,o aPProve
Reeofution No. 2012-05- Motion carried, 4-0.
CONEEIIT C&BND}R
It was moved by McCormick and seconded by Maisano, ehat the
matters on the ConEent Calendar be approved as recommended'
Motion carried, 4-0.
1. Warrant Registers
a. RaEificaElon of City Warrant Regi6Uer6 uo reeord the
following voided checks:
1. City Warrant Register No. 1338 to record voided
check no. 334043 in uhe anounE of 123.90; and
2. CLtry Warrant Register No. 1338 to record voided
eheck no, 334077 in the amounE of $10.00; and
3. CiEy Warrant Register No. 1338 to record voided
check no. 33{091 j.n the amounE of $555.98; and
4. CiEy Warrant Register No. 1341 to record voided
check no, 334514 in the amounE of 9100.00; and
5. eity warrant RegiBtser No. 1347 to record volded
check no. 335532 in the amount of $565.30; and
6, CiEy warrant Register No, 1347 to record voided
check no. 335537 in the amounE of $565.30; and
?. eity Warrant Register No. 1347 to record voided
check no. 335583 in the amount of $344.00; and
8. City warrant Register No. 1347 to record voided
check no. 335584 ln the amount of $115.15.
Page 3 of 11
Regular City Cotrncil Meeting Minut.es
.fanuary 3, 2OL2
b. RatilicaEion of City Warrant Reglst.ers to record the
following voided checks :
1.. City warranE Register No. 1340 to record voided
check no. 334292 in t,he amount of $51.92; and
2. City WarranE Register No. 1345 to record voided
check no. 335232 ln the afirount of $30.00.
c. Approval of Payroll warrant Register No. 666, Eotaling
$2,511,355.88, which eovers Ehe perlod of Oetober 9
through Novernber 5, 2011, and corutistss of Ehe
fol.lowing:
1. Ratification of elect.ronj-c fund transferg (EFTg)
totaling $2, 585, 799.60; and
2. Checks paid through General Fund warrant
Register totaling i25,Ss'? .28.
d. Approval of CiEy warrant RegisEer No. 1348, totaling
$I,518,582.34, which covers the period of November 29
through December 25, zo]^L, and congiets of Lhe
following:
1. RatificaEion of wire transfers totaling
9105, 283 . 79; ud
2. Racification of the issuance of early checks
EoEaling $1, 003,580.33; and
3. Authorlzation to issue pending checks totaling
l4o9 , 778 .22 .
2, Commr.:nity Services
a. Building Department Report for the month cf November
20L1, Eo be received and fiIed.
3. Fire Departnent
a. ActiviEy ReporE for the perlod of November t through
November 15, 2011, to be received a-nd filed.
b. AcLiviEy ReporE for the period of November 16 through
November 30, 2011, Eo be received arrd filed.
c. Activity ReporE for ehe perrod of December 1 through
December 15, 2011., Eo be received and filed.
4. Healeh DeparLment
a. November 2011 Monthly Report, Eo be received and
f it_ed -
5. Police Department
a. ActiviEy bg and Stat,l€tieal- Summary of Arrest and
Activities for t,he per:od of November L6, through
Novenber 30, 2011, to be received and filed.
b. Activity l,og and SCaElEticaI summary of Arrest and
Activj,ties for t,he period of Decemlcer 1, throuEh
December 15, 2011, to be recej-ved and filed.
Page 4 of ].L
Regular City Councll Meetlng Mj-nuEes
January 3, 2OL2
RESOLI}TIONS
1. Resolution No. 2OL2-o5 - A Resolut,ion of the City Council
of Ehe CiEy of vernon Approving and AuEhorizlng Ehe
D<ecutign of an EngagemenE Let.ter Agreement By and BeEween
the CiEy of vernon and ,fotrrr. Van de Kamp and Devrey & teBoeuf
LLP Eo serve a6 an IndependenE Reform Monitor
IE l^,as moved by McCormick Eo approve ResoluE,lon No. 2012-05.
Councilman Newmire quesEioned the reEolutton, aE Eo whether
oEher candidates were congidered.
City Adminiserator WhltworEh report.ed EhaE on August 25, 20l]-,
CiE,y Council unanimously approved Resolutlon No. 20LL-L49
which auEhori-zed Lhe CiEy AdminisErat,or to seek an independenE
reform moni.tor.
In response to Councilman Newmire's concerns, Ethics Advigor
,Iohn Van de Kamp explained thaE the engagement letter falls in
line with senaEor Kevin De Ieon's reforms and that they are
EryIng to fu1flI1 what Ehe CiEy Courcil had dec'ded earlier
and voEer needs,
Councllnan Maisano ercpressed his concerns over the lega1 costs
and Ehe City's solvency to which City Admlnistrator whitworth
srated that the projections were approved in the ,ruly budgeE.
In responae to Malsano's requesE for a break down on the
bilting Van de Kanp reconuoended an execuLlve session, so that
Council ha6 a better idea of what gervices the firms provj.de.
He recommended that as Council employs outside counsel,
governmenE rates should be negoEiaBed.
McCormiek moved and Davls seeonded Eo approve Resolution No.
20L2-06. MoEion carried, 4-0.
2. Resolution No. 20L2-01 - A Resolution of the eity CounciL
of th,e City of Vernon Amendlng Resolut.ion No. 2011-129
regarding Ehe Compensation, Costs and Beneflts of its
Empl-oyees ("Personnel ResoLution") by Amending secEions 9,
I0 and 15 (C) and Schedule No. III of Ehe PerEo$te1
Resolution (Amendment No. 1)
It was moved by MccofiIrick a;nd Eeconded by Davis to approve
Resolution No. 2012-0?, Motion carried, 4-0,
3. Resolut,ion No. 2O12-OA - A Resolution of the City Council
of the City of Vernon Approving and AccepEing the QuiEclaim
Deed Dedicating in Fee a Portion of the Property Located at,
3030 Atlantic Boulevard
Ic was moved by McCormick and seconded by Newmire Eo approve
Resolution No. 2012-08. Motion carried, 4-0.
4. Resolut,ion No. 2012-09 - A Reeolution of the City Councll
of the City of vernon Authorizing Lhe Issuance of a RequesE
for Proposals for Engineering Design and ConsEructj.on
Supportr Services for Well 21
It was moved by Newmire and seconded by McCormick to aPProve
Resolution No. 201-2-09. Motion carrled, 4-0.
Page 5 of 1l
Regular City eouncil Meeting Minutee
Jajruary 3, 201-2
5. ResoluEion No. 201,2-Lo - A Resolut.lon of the city Council
of the City of Vernon Approving and Authorizing Notice
fnvit.lng sealed Proposals or Bid6 for Ehe Purehase of 1\ro
2012 ChevrofeE Tahoe Police PaErol Vehicles and One 20L1
Ford Crown Victoria Police fnterceptsor for the Police
Department
It was moved by Newmire and seconded by Maisano Lo approve
Resolution No. 2012-10. Motion earried, 4-0.
5- ResoLution No. 2o].2-L7, - A Resolution of the City Council
of Ehe CiEy ol Vernon AuEhorizing the Issuanee of a RequesE
for Proposals for the Engineered Deslgn of a Temporary
C1o6ed waEer Systsem, Elevated Tank SEandpipe nepair and
Technical Support Serviees
IE was moved by MeComick and seconded by Newnire to approve
Resotutlon No. 2012-11. Motion carried, 4-0.
ORDINANCES
1. oRDINANCE No. 1190 - An Ordinance of the ClEy Councll of
uhe City of Vernon Estajclishing AdminisErative Bnforcement
Provislons and Nuisauce A.batenent Procedures and Amending
the vernon CiEy Code Eo Allow for Admj.nisErative Procedures
for the Removal of Abandoned Vehicles (first reading)
fnterim Police Chief Daniel Calleros advised that the proposed
ordinance will establish administ,raEive procedures Eo a11ow
the Po11ce DeparEment to enforce Ehe code and provide for a
hearing process.
rE was moved by Newmire and seconded by McCormick to approve
the first. reactiDg on Ordinance No. 1190. MoElon carrled, 4-0'
2. ORDfNANCE No. 1191 - An ordj-nance of the City Council of
Ehe CiEy of vernon Amending Ordinance No. 1187 relating to
Living wageB Eo Remove Language in SecEion 2.a32lb) (first
readingl
clty Admlnistrator ?ilhltworEh reported Ehat on OcEober 4, 201L,
ordinance No- 1187, regarding living wage, was adopted as parE
of the gooal governance reforms. The ordir:a.nce was modeled
after the City of Los Angeles and allowed for employees to be
compensaEed twelve (12) days j-n the silo of eit.her vacation or
sick pay. The City allows for sixteen (16) compensated days,
eight (8) vacat.ion daye and elght (8) sick days. WhlEt^,orch
explained that the ordinance will noE alter Ehe nunrlcer of days
allowed by the citry, it will sinply clarify what those days
will be.
fE was moved by Newmj-re and seconded by Maisano to aPProve the
first reading of Ordinanee No. 1191. Motion earried, 4-0.
NET{ BU6I[E68
1. Approval- of the agrecmene with ehrlsEopher Lajrcaster aDd
Civic Publicat.ions, and auEhorlzaElon for '-he CiEy
Adrninlstrator to issue purchase orders for various
advertising opporEuniEies at Ehe sEaEed cosEs.
Page 6 of 1l-
Regular City Council Meeting Minutes
ila-rruary 3, 2Ol2
City AdministraEor whiEworth advised that the reguest rs for
publrcaElons 1n order to comply with the transparency reforms.
Councilman Newmire inguired aa to what would happen if Council
disapproved. In reeponse, WhiEv{orth advieed Ehat if the Clty
wants to send a message to the publrc, the expense is
necessary.
rt was moved by McCormick and seconded by pavis Eo approve Ehe
agreement with Lancaster and Civic Publications. I,lotion
earrled, 4-0.
2. Authorization to issue a monEhly purchase order Eo rr.N.
Curtle & SonE for Ehe servlce and repairs of Ehe Fire
Department's Sperian SCBA equipment.
fE was moved by Newmire and seconded by Maisano to authorlze
the L.N. Curtis & Sons purchase order. Motion carrLed, 4-0.
3. Aeceptanee of donatj-on from YN Apparel by che City Council
for Ehe proposed uses.
Fire MarEhall Jed recommended that it would be appropriate Eo
send Mr. Cheong a letter Lhanking hlm for h1s generoslEy.
It. r,ra6 moved by tlcCormick and seconded by Maisano Eo accePE
the donaEion from Ytr,I Apparel . MoEion carried, 4-0.
4.The Mayor'e selection of a Councif member to serve on Ehe
Vernon l{ousing Commisston for the unerq)lred term, subjecE
to ratifieation by the city council.
Counsel Dana Reed advised EhaE since no Mayor waE elected, t,he
Mayor Pro-Temp has the duties of the Mayor.
Mayor Pro-Tem Davis announced thats he is recormending himself
Lo serve on the Vernon Housing Commission. The recommendat,ion
was moved by McCormick and seconded by Newmire. Motion
earrled,4-0.
5. Authorization to issue a purchase order to RoboVu for the
purehaEe of mobile eomPuEer t,e ninals Eor r-he Pollee
Department -
Tt was moved by Newmire and secondett by Maisano to authorize
tshe Robovu purchase order. MoEion carried, 4-0,
6. Authorization Lo execute letter to Senator Kevin De Leon
regarding Ehe llarbor Toxics TMDL.
Director of Commr:Iity senrices & water Department Kevin wilson
expressed his concern over the cost arising from Loxic cleanup
of harborE being paEsed down Eo Ehe citles. He recommended a
letter be sent to SenaLor Kevin De Leon reguesting Ehat the
issue be sent back to Los Angeles Regional water Quality
Control Board,
It was moved by Maisano and seconded by Nerrrmire to auEhorize
Lhe letter to Senator De Leon. Motion carried, 4-0.
? - AppoinEmenL of members to Ehe Sustainalcle Dewelopment a:rd
Energy Efficiency Commission (SDBEC) .
Page 7 oE 11
Regnrlar City Council Meeting Minutes
,January 3, 20L2
Catsegory Reconuendrtlon
Bus iness Representative 'Jim Andreoli ilr.
Business RepresenEaEive Albert I{aIimi
Bus j-ness RepresentaEive Ing'un LiEtorin
Labor Representative Armando Espinoza
l,abor RepresentaLive Jaime Vi.Ilanueva
EnvironmenEa I RepreE enEaE ive Peter Corse]l-i
EnvironmenEal,fusEice RepresenEaEj-ve richael Gavina
It was moved by McCormick and seconded by Newmire to apPoinE Ehe
recommended members to tshe SDEEC. MoEion carried, 4-0.
DISCUSSION A}ID POssIBI.E ASTTON
1. Implementation of budget approved erqpendltures effective
afanuary L, 2OL2.
ClEy AdminlstraLor Whitworth advised that. theee experrditures
will implement previously approved budget items including a
one time. one step increase to employees, various DepartmenE
Head adjuetmenEs a.rrd reclaEsifications pursuant to the
resolution previously approved. Whitworth explained thats
siEce the 6tsep j.ncreases were not irr5rlemenEed as of ,July 1,
2oLl,, the CiEy wltt have savinge of apProxlrnately $1?0,000 for
flscal year 2012. The change will reportedly affect 89 city
employees.
whitworth addressed t,he Council membe,r's concerns a-nd advised
that addiEional information on the step increases is available
to the Councll members' through the Personnel Department.
Mayor Pro-TeE Davie proelalmed thaE employees have aleaucaEed
many years and have gone without increaseg for several yearB.
Davis moved Eo implement the step increases, and was seconded
by Mccormick. Motion carried, 4-0.
Wtritworth announced chat he would provide Council a list of
the individuals.
ORAL REPORTS
City AdminisErator Whj-Eworth congratulaEed Lew Pozzebon and
Hilarlo Gonzales on their retirement and wished them both
continued success,
Whitworth reported Ehe recene dlesoLuEion of the RedevelopmenE
Agency.
Courlsel Dana Reed advised thaE one of tshe concerns is who wlIl
be Lhe Euece66,or of the RDA. By default., Ehe CJ-ty is named, buts
lf lE chooses not to be the successor, Council will have to take
action.
Ifllltworth reported on the eearch flrm process.
Whitwort,h reported tha.t Ehe Business DevelopmenE CoElmiEtee ha6
been formed. Members inelude Ehe following:
. William Davis
. Michael McCormick
Page 8 of 11
Regular eity Council Meeting Mlnutes
January 3, 2OL2
. Mark Whitworth
. Steve Halpin
. Reid Delphey
. Tim Hatfield OR Marisa Olguin
. John MeMillan
. Neil Mishurda
' Ed Rendon
. Stan Stosel
Whitworth reported that the reform matrix has been post,ed
throughout the departmenEs and on the CiEy's websiEe.
$hitworEh reported chat he w111 be aeEending Ehe Cafifornia
Contract Cities Association conference on .Tanuary 9th and 10th
along witsh councilmen McCormick and Davis.
vJhitlrorEb also reported on Ehe CaIPERS audits and the IRs audit.
Whitworth added that the City ie frequencly scnrEinized but that
Ehe fRS made no ehalges to Ehe reports.
Interim police Chief Daniel Calleros reporEed that. on a theft at
Ehe city yard thaE occurred on December 5, 2O!!, ats 2800 SoEo
streec. No property wa6 talcen a-nd Ehere are limited leads. on
December 8, 2011, Ewo suspecEs were arreEEed for the thefE of
metal from a vacant building owned by BNSF railroad.
on December 13, 20L1-, motor officer assisEed in '-raffic
enforcemenE near Ehe vernon Elemenlary School due to recent
complaints of parents parking in red zone areas ald sEopping in
Ehe center median.
Calleros reporCed on a hlt and run accident involving an off-
duEy officer that occurred on December 16, 2011. Ilre suEpect
was lacer arrest.ed for felony hit and run.
On Dece$iber 19, 20LL, DeEecEives assigned to the cargo thefE
investigatj.on Eeam, conducted a follow-up invesuigation at 2'164
Leonis Boulevard in referenee to etolen rrVans" E-shirts.
Flrrther invesEigaEion Ied offlcers to 3200 Bantllnl Boulevard,
where an additional l-5 pallets were recovered. In total,
approximaEely $180,o00 of wholesaLe value was recovered.
On December 27, 2OLL, Ehe de.partment received an indecent
exposure report along Vernon Avenue. Detectives are following
up.
On December 29, 2OlL, the theft of city ouned water 1j-ds
occurred in the area of 2nd Street and Anderson StreeL.,
On.lanuary 1, 2012, Lwo suspects were arrested in connecti-on
with an assault with a deadly weapon.
CaLleros reporEed EhaE over the past montrh Ehere have been five
reported thefts of wehicle batteries- The thefts have. few
invest.igaEive leads ald paErol staff is routinely briefed onr-he6e tlT)es of incidents.
Captain James Rodino reported that there had been no incidents
of vandalism since the lasE Councj.I meeting.
Cowrcilunrr McCormick identified one incident of vandalism.
Page 9 of 11
Regular City Counell MeeEing Minutes
January 3, 20L2
Assistant Chief Andrew Guth reported that the Fire DeparEment
responded to more Ehan 200 calfs, mo6tly routine in nature. The
deparcmenE was j.nvolved a mutual aid incidenE involving a Eanker
truck thaE caught fire on Ehe 60 freeway in l,tontrebelIo. Guth
reporLed Ehat the tralnlng focus for the month oE .January is
hose elevatj-on and reported that the Spark of Love Eoy drive was
successful.
Director/Health Oftlcer Lewis Pozzebon expressed his
appreciation for the approval of the employee step increases.
He oplned that it would be a good moral booster.
Mayor Pro-Tem Davis tharked everyone for attending the first
City Council meecing of 2oL2.
CIJOSED SESSION
At 11;32 a.m., iE was moved by l,tcCormick and seconded by
Maisano, that the City Council go into closed segsion Eo discuss
Ehe item6 listed on the cLosed session agenda, Motion carried,
4-0.
1. EONFERENCE INITH LEGAI EOINSEL - ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Sectlon 54955.9 (b) (3) (C)
Nuurlcer of potential cases: l-
2. CONFERENCE WIT'I{ LEGAI COLNSEL _ A.}IT]CIPATED LITIGATION
Significant exposure to litigation.
Government code section 54955.9(b) (3) (B)
Number of potential cases: 2
3. CONFERENCE !.ITTH REAI PROPERTT NEGOTIATORS (2)
Government Code Section 54955.8
a. Pareel No. 6303-010-903
b. 5611 Di6trict Boulevard (a1so listed as 5555 District
goulevard) and 4855 8. 52"d streeE
AL 11:45 a.m, iE was moved by McCormick and seconded by Maisano,
that t.he city councll exit c1o6ed session. Motion carried, 4-0.
Will-ard Yamaguchi, chief DePuty Cj-ty AtEorney, reported Ehat the
Cor:lcil- unanimouely agreed to accept the claim of So1 Pak, Inc.
Cloelng documents wllI be made available for public inspection
once finalized by all parties.
The Council urranimously agreed to settle a claj-m uriEh lveete
Alfaro regarding an FLSA claim. Cloeing documents will be made
avaita.ble for pu.blic J.nspection once f inalized by all parties .
The Council unanimously agreed to enter into a Eo1l1ng agreement
with the BKK Working Group regardlng Ehe BKK l-andfilI in Covina.
Page 10 of 11
Regular City Council Meeting Minutes
,fanuary 3, 2Ol2
The Council unanimously agreed to the sale of parcel number
5303-010-903 to Culver City Meat Company.
The City Clerk announced thaE there were no further items on tshe
agenda.
At. 11:46 a.m., iE was moved by McCormick and seconded by
Newmire, Ehat the meetsing be adjourned. MoEion carried.
lard G1
Page lL of 11
r\N
WtIJ-r"* ,J . ""tf "Mayor Pro-Tem
EXHIBIT C
MTNUTES OF THE SPECIAI, CITY COUNCTL MEETING OF
THE CITY OF VERNON HEIJD TUESDAY, JUNE ].2, 20L2,
IN THE COUNCII, CTIAMBER OF THE CITY HALIJ I'OCATED
AT 4305 SAMTA FE AVENUE, VERNON, CAIIFORNIA
MEMBENS PRESEIiIT:
MBMBERS ABSENT:
Davle, McCormlck, Maisano, Ybarra
None
The neeEing erae caIled to order at 9:O0 a.m. by Mayor Pro-Tem
Davis.
Councllman Malsano led Ehe flag salut,e,
The City Clerk annotrneed that a seeond Public eomment section
will be added to :he agenda after Ehe discussion item.
Legal eounsel- Dana Reed advised that Ehe public is free to epeak
aE either Pulrlic co(Iunent, boE.h if tbey chose to.
The eity Clerk announced that, this wa6 Ehe time alloLted for
publlc eommenE. Ma)ror Pro-Tem Davi€ inquired whet.her anyone in
the audj-ence wished to address the City Corrncil. There were no
commenEs.
DISCUSEION ITBT
1. Review of Preliminary Proposed General Fund and Other
Enterprise Fund Budgets for Piscaf Year 2072-2013.
City AdministraEor Mark hrhitworth stated Ehat. Ehe proposed
budget encompasses Ehe same delivery of service while
underetanding the deficie. The CiEy aims Lo rely less on l,ight
& Power artd explore oEher meEhods of revenue.
t{hiEworth advised Ehat the propoEed budget takes into account
the proposed UEility User Tar(, Ehe 11.5t Eransfer from lllght. &
Power, and a $3.2 million surplus which is discretionary rnoney
that will be used as reserves or as pa-rt of the cornmunity
benefiE funil. Whitworth explained thaE $5 m1111on was planne(l
for surroundlng communities, buE EhaE $3 million was the rnost
thaE would be available. An oversight commj-ELee, which has yet
to be formed, will be responsible for Ehe disbursement of funds.
Wtr-iE.worth reported chat City Council's account, AccounE No.
1001, had been reduced Lo $451,000 due Eo ar 18* salary
reduction and a reduction in medlcal benefits.
l{hiEworth reported Ehat Account No. 1002 for City Administration
ineludes E.wo new positionE buE thaE they do noE trave Eo be
filled immediaeely. He a'go reported on the search flrm proeesE
for Ehe position of City AEtorney which will allow for more
things to be handled in houee Uhereby reducing legal fee6.
City Clerk, Willard Yamaguchi reported a reduction in costs of
approximaEely $23,000 for Account No. 1003. Yamaguchi reported
that. t,he aleparement prevlously had t,hree addlEional full-time
personnel, in additj.on to a fuu-Cime City Clerk. He explalned
his dual- role as Risk Manager.
Yamaguchi reported on AccounE no. 1024 for eity AtEorney. He
advised Ehat t,he budget has been lncreased ln anticipaEion of
Speclal CiEy Council Meet,ing Mlnutes
.fune 12 , 2012
the hiring of a fuIl-tr-me Cit,y Atrtsorney. During fiscal year
20LL-2012, $2.9 milLion was budgeted j-n legal fees. For Elscal
year 2OI2-2OL2, $l-.9 million have been budgeted for
unanticipated lega1 costs, Yamaguchi reported that the
department previously had a additional tull-tlme attorney and
addltional staff. He advised Chat he was conducting the duties
as City AEtsorney along with special Counsel Dana Reed, and that
much of Lhe day to day work load have been handled in house.
Yamaguchi report,ed on Account No. 1025 for Risk Management. He
explained that the deparEment has been functlonlng $rlth one less
employee for over a year due Eo a department transfer, and that
the position has now been filled by a part-time employee. He
advj-sed that the departments has been getting by with 1ess.
Yamaguchi reported on costs unique to Risk Managenent including
liability insuranee premiums, workers compensatlon, and
asses,smenE fees due to the Cit,y's pasE involvement in an
insurance ;roo1 .
Pinance Director Rory BurnetL reported on Account No. 1004 for
the Finance DeparEment, which included a $15 million increase j.n
revenues in the proposed utility user tax. He reporEed a
$282,000 decrease in expenses ard a $200,000 decrease in
consulting fees due to the terrnination of the NBs Government
Finance Group ag'reement.
Burnett reported on Account No. 1015 for the Treasury DeParEment
and advised that he is proposing a merger of the two
departmenEs. BurneEt reported on HDL Softsware, LLC, a tax
consultant LhaE has historically generated che City additional
revenues in its audit process. He advised that revenues are
anticipated to increage $1.8 million but that the calculation6
Eake into account the electric rate increases.
Director of Business Se:rriees and Persorrnel MarEha Valenzuela
reported on Account. Nos. 1015 aIId L0L8. She reported a net
decrease in Ealary for both departments due to her anticipated
retirement ln Decernber. She advlsed Ehat drug testlng and pre-
employment exams are the Persorurel DepartmenL's biggest expense,
AssisEant Eo the City AdministraEor, AIex Kung, reporced on the
oversighL Board to Lhe successor Agency of the RedevelopmenE
Agency, Account No. 1022. He advj.sed thaC the expenditures
reflect the needs of the oversight Board to keep the Suceessor
Agency operaEing- The budgeE ha8 been submlEEed Eo Ehe Cou-rrE.y'E
Deparb,ment of Finance. Kung explained thaE this budget does not
affeet the City. Money for the expenses is provided by the
Countsy, and that any additional revenue is used --o pay bond
debt.
fn response to Mayor Pro-Tem Davis. Kung explained Uhat. the
lega1 feeg included Kane, Ballmer & Berkran, whlch assists in
conduct,ing the oversight Board meetings, and Orrlck, tlerrington,
& Sutcliff, LLP whieh handle any bond issues. Kung clarified
EhaE all expenses are paid r.rith money j-ssued by the eounty
speeifically for Ehese fees.
Whitworth reported on Ehe addition of Accounts No. 1026 for Human
Resouree6. He anticipates EhaE Ehrough Ehe search firm process
bhe position of Hunarl Resource Direetor will be Eilled within
tshe montsh.
Page 2 of 6
Special CiEy Councit Meeting Minutes
June 12, 20L2
Interim Police Chief, Daniel ealleros, reporEed on Accounts No.
L021, Police Department, He reporEed revenue increases from
franchise tow fees and reimbureements for salaries from Ehe auto
thefE Eeam, Calleros reparted an increase in salaries overall
due to necessary overtj-me for courE appear.rnces and a slighE
increase in medical benefiE.s. Calleros reported on the loss of
four employees and that he does noE intend to replace Ehem,
instead ghere have been changes in the deployment sEraEeg-y. He
explained thats benefits have increased due to the workers
compensation history, and that malntenance erq)enses have alsoj.ncreased due Eo increased fuel costss, The Police Department
uses forfeiture funds Eo conduct unbudgeted mainEenance repalre.
Fire Orief Mark Whitworth reported on a sIights increase in the
proposed budgeE for Ehe Fire Department, AccounE No. 1033. He
reporLed an increase in overtime, and a decrease in revenue.
Ehe Departments does noE parEicipate in any strike teams.
Aseistant Fire Chief, Andrew Guth further elarlfied Ehat
staffing requires 23 personnel per day, and tha.E workers
compensation injuries have affectsed overEime used to meet this
need. Guth reported on the aglng vehicle Eleet and needed
repaira.
WhitvrorEh advi.sed Ehat aE the eurrent Level of stafflng wlII
maintain a Class I rating. tle sEated that if the City Council
chooses to deviatse from Lhis elassiflcatlon, he w111 work wiEh
Council !o make the necessa-ry changes.
In response to Mayor Pro-Tem Davj-s, whitworth advieed that to
efficiently operaEe at thls leve1 that there needs to be
multiBle engineers, and that Ehere has been increased tralning
on a1l leve1s.
Guth reported on AccounE No. 1036 for Civ11 Defense. He
reported on the increased cosEs due to the transfer to the
Downey dispateh center. Whitworth explained Ehat the dtspaEch
center took Ehe burden off of the Pollce DeparCment, where the
cosEs were previously captured.
Dlrector of Community Servlces and Water Kevin Wilson reported
on Account No. 10{10. He reported a one-tbird work force
reduction since 20O4, al:d that the overall budget for Community
Services has remained tlat. Enployees have been shifted to meet
priorities. Irlllson reported that changes iII Ehe different
secEiorrs were due E,o t,he Eransfer of employees. I{i1son
explained EhaE Ehe increase in Account No. 1041 for Building
Regulat.ions and Planning was due Eo the hiring of a eonsultant
Eo assist in Ehe zoning ordinance and general plan update.
!{i1son reported on AccounE No. 1043 for Public Works, He
reported Ebat the general fund capital improvement plan
originally had a proposed budget of $5 million buts tras been
reduced down to S3 miLlion. Wilson anticipates that 52.8
million will be covered by grants.
Wilson advised that Account No. 10{5, CiCy Garage, was reduced
down from $??8,O00 to $?19,000. He reported thaE tshe Warehouse
budget had. been lncreased due to the resul.t of a transfer. He
advised t.hat the Clty Houslng budget had increased sltghtly due
to Housing Commisgion stipends and increased taxes.
Paqe 3 of 5
Special Clty Council Meeting Mlnutes
June 12, 2Ol2
Wllson reporEed an increase in AccounE No. 1049 for eity
Builtling, from 9992,000 to $1.56 million due Eo an employee
reclassifieation, increased utility costs, and anticipate.d
increases in professional service contract costs due to the new
living wageE clause-
Wilson reported on Account No. 1084 for the water Department.
He advised that the deparEment Eerves Ehree-guarEers of the
Clty. There ie an anEicipated 13.5* increase in the budgeE, due
to increased salaries caused by department. Eransfers- Supplies
and serryices are e>q)ected to inereaee from S4.8 mlllion to $5.3
million. Wilson explained that water sold E,o the CiEy is
expected to increase l-Ot. Wilson also antieipates an increase
for waEer treatmenE ln order to reduee the effects of maglesium
in the vrater, ag well as capital projects in order Eo
rehabilitate WeII 16. In order to cover said costs, Wilson may
propoEe a rrrater raEe lnereaEe, whlch would go Ehrough the normal
public hearing proeess.
leonard crossberg, Interim Director of Health and Environmental
Control reported on Account No. 1050, Grossberg reported on
proposed employee reclassificaLions in order to avoid job
flight. He advised that Account No. 1061 for Solid Waste was
increased by 920,000 due to the Sustsainalrle DevelopmenE and
Energy Efficiency Conrmissj-on budgeE,, buE anticipates all obher
service contracts Co remain flaE,
Whitworth reported no changes Eo AccounE No. 6060 for Fire
Hazmat. He explained that the revenues come frorn a business
License tax, and thaE the funds are limited to certain epending.
Kung reported on the $0.02 increaee in the warehouse parcel tax
for Aecoune No. 9095. He advised Ehat revenues would lncreaae
froro $8.8 mil-lion to $9.5 million.
City Administrator Mark l{hitworEh made a brief presentation on
City budgets cuts including personnel, employee benefit.e,
encouraged early reEirement, and termination of conEracts.
Overall a reductlon of $11.5 m1ll1on.
Whitworth reported Ehat the City is in the process of conducElng
a feaEibllley 6tudy for county servlees for boeh Police and
Flre. whltworth reported on Ehe EaIe of clty aesets and the
investment in t,be Tehachapi projecE as a poteDEial capital
venture or response to the renewable portfolio standard.s. The
City has also implemented Eransitional market renEs for City
owed houeing.
The City is looking at aLternative revenue sources including
providing 6erivice6 to nelghborlng eltles.
Mayor Pro-Tem Davis opened Ehe seeond Pub1ic Comments secEion and
inguired urhether anyone in the audience wished tso address the
City Council.
alohrr Norton of A11 American AsphalEs apprecj.ated Yamaguchi's
corrurent,E about worklng with less. Norton reported on Ehe need
to attract new businesses. In regponse to Norton's comment on
civil Defense cosEs, Whit,worth oqrlained EhaE Ehe co6ts roere for
the dispatch cent,er.
Page 4 of 6
Speclal City Councrl Meeting MlnuEes
June l-2 , 2Ol2
Norton elq)re66ed his eoncerns over Ehe 188 ret.irement costs, and
group lnsurance costs thaE. were equivalent to 1?* of salarycosEs. Norton al-6o noted inconsist,encies in benefit costs. In
respon€e, WhiEworth explained Ehat employee benef{Es have beenlimited to stipends. Yamaguchi furEher explained facEors Ehat
contribute to fluctuations in benefit costs.
NorEon lnguired on whether some of the street improvemenE
project,s can be delayed. He also inquired on the timeline for
the budget approval ln response, Whitworth reported that the
proposed budget was submitted to the CiEy eouneit on May 29Eb as
required, and needs to be approved before fily L, 20L2.
special Counsel Dana Reed stated that this was the Ej-me for
public commeDt and noE dialog. He adviFed chaE a public
workshop vrould be held on Jure L3, 2012, and Chat an open dialog
can be had there-
Rob Moeck of Douglas Stee1 Supply advised bhat the City cannots
continue t,o geE. consultants, if the employees are not experts in
their field. He suggested that enployees need Eo be replaced.
Moeck advlsed EhaE there needs to be a shared burden, He sEated
Ehat Ehe employee benefiEs far exceed those of the prj-vaLe
sector, and Ehat Ehe legal fees were excesslve. Moeck
questioned whether Ehe City will be able to attract new busi-ness
as vacancies are high and inquired what tshe City was doing Eo
atsEract new businesses, The utilitsy user tax was designed Eo
increase revenue, but wondered what would happen 1f the Eop
utility users left Vernon.
Doug RoEen oE Superior Lithographic reported on hie history in
Vernon. He was an advocate of Ehe Cit,y in Sacramento during
A846. and felts Ehe City should remain. He st,atsed that his
opinion has ehanged and EhaE the City has not made sacrifiees,
and that iE needs to change how it is being run.
JulieE Goff of, I(a1 PlasElcs recognizes Ehe greaE services from
all the departments but Ehere are some l-uxuri-es the City cannob
afford. Goff stated that the City faces a $12 million deficits,
had an $11.5 mllllon deflclE from Ehe previous year's coEE cuts,
and recelved $8 million due to rate increases. She asks that
the City look at fair numbers and consider additional
reductions.
Goff understands that the renewable portfolio standards, the
dissolutsion of t,he Redevelopment Agency, ar.rd the Senator De Leon
Plan are out of the City'a conErol, buE opined thaE Ehe natural
gas deal was a major concern. She stat,ed EhaE if t,he City
overtsErxes one part of Ehe comflrunlEy, thaE may caure businesses
bo reloeate and there wiII create a downward spiral.
Don Pennell of the LigaEure reported tha.t he focused on the
Police and Fire Department in hls revLew of the budgeE wlth ehe
Chanber of Commerce. The department,G account for 50k oE the
work force. In his review of Ehe budgeE, not much had changed,
and there were no reductions. He commended the reducEion in
head count for the Police DepartmenE, buts observed Ehat the
budget had increased. Based on unlt cosE per employee, Pennell
eal-culated a 54t in empl.oyee benefttss. He encouraged the City
Eo furEher review these cosLs.
Peter CorselIi U.S. GrowerE CoId SEorage erq)reEEed his conlusion
Page 5 of 5
Special Clty Councll Meeting MinuEes
J,Jne L2, 2Ol2
over tbe approvaL of Ehe proposed budgeE which includes a tax
lhat had noE been voted on. He recommended t.hat the City review
a budget thae doeE noe cake into account Lhe additional taxes.
Corselli advised Ehat many of the department heads alluded to
costs thaE rrere discretionary and opined thaE sueh cosEs should
not be ineluded at all.
Marisa Olguin, President of the Chamber of Commerce, feiterated
Lhat the Chamber wanEs to vrork h,tth the City Eo resolve the
buclget deficlt and make sure the business model is sustainable.
She reported that several business repreEentatlves took tlme Eo
review the budget. O1guin reported on the delay of public
records, and her desj.re to expedite Ehe process.
Olguin suggested that the increase of cosEs for oLher servlces,
and opined thaL some departmenE,s need more cuEs Ehan others.
She encouraged the hiring of personnel- as needed, She is an
advocate of additional ta(ation but that the solution needs Eo
be more equltable.
Olgnrin reported that less than 50 companies represenE 85t of the
utllity revenues and EhaL over taxation may push companies to
leave vernon. olguin encouraged Ehe Council members bo attend
the utility user tax workshop scheduled for June 13, 20L2.
In response Eo comments made by Norton, Burnett advised that
CaIPERS ha6 a mandaEed 28t eonEribuElon and Ehatr employeeo
conEribuEe 8t which is the maximum alIowed. Calleros also
clarified thats there have been no increase in salaries, and that
payrou accounEs for all employee benefits.
The city Clerk announced that there were no further items on the
agenda,
At 11:38 a.m., j-E was moved by McCormick and seconded by Ybarra,
thae the meeting be adjourned. Motlon earried.
Page 5 of 5
CUTS CITY HAS MADE
. City Council salary and benefit reductions
- 18% effective June 7 ,2011
- $25,000/year for new terms beginnin g 2012
- Reduced health benefits July 1 ,2011. No annual merit step increases since 2009
vern'8fi
CALIFORNIA
VERNON MEANS BUSINESS
52 Square irfflcs . 1,800 Compenica . 55,000 Workers ' i4.5 Billion Prlvate Emplopr Pryoll
CUTS GITY HAS MADE tco*',*r=r,
o Employee retirement contribution paid by
employee since 201 0
- 8% Miscellaneous
-9% Safety
o Employee health benefit reductions
- 20 10 Health benefit coverage reduced to
employees only
- 2011 Health coverage monthly stipend
implemented
verf8fi VERNON MEANS BUSINESS
CALIFOHNIA
CUTS GITY HAS MADE (.oN,NUED
Labor force reduced nearly 20%
- 327 employees in 2008
- 270 employees currently
No cost of living adj ustment
- 2007
-2008
-2009
-20 10
- 2011
verfdfi VEHNON MEANS BUSINESS
52 Squarc Milor . 1,800 Companiec . 55,000 lflorkers ' t4,5 Billion Privato Employor Payroll
CALIFORNIA
CUTS CITY HAS MADE t.o*r'*r=r'
o Termination of contracts of top officials and
consultants
Eric Fresch , Curtis Fresch, Patrick Fresch, Donal
O'Callaghan, Jim Moriarty, Jeff Harrison, Avigal
Horrory Bob Toerihg, Joe Furnish, Hector Elizalde,
Steve Sugerman, Heather Herndon , Ldrry Weiner
(RWG), Project Labor Group, JD Hicks, Jim Bruschera
(Trico), Krishna Nand, Dan Christiansen, and Mike
Montgomery
VEHNON MEANS BUSINESS
52 fiuarc [ffler ' lB00 Companies . 55,000 Workers . 14.5 Billion Private Employer Payloll
CALIFORNIA
GENERAL FUND REDUCTIONS TOTALING
$t1.5 MILLION
Reduction of
Workforce
$5,258,138
Employee Medical
Benefit
Contribution
$500,000
No Gost of Living
lncreases
$1,941,557
Employee
Retirement
Contribution
$2,750,539No Annual Merit
lncreases
$1,067,856
verri8fi VEHNON MEANS BUSINESS
52 Squaro Miler . lB00 Companlec . 55,000 Workers ' 145 Billion Private Employer Payroll
CALIFORNIA
FURTHER EXPENDITURE REDUCTIONS
. Reduced 2012-2013 City Attorney budget by
$t . t million
. Recruiting in-house City Attorney to further
reduce legal costs
. Actively exploring debt restructuring options
Ve
CALI
City of VERNON MEANS BUSINESS
52 Squere lfi]ct . 1,800 Companies . 55,000 Workers ' i4.5 Billion Privato Employer Payroll
FURTHER EXPENDITURE REDUCTIONS
(CONTINUED)
. Exploring methods to encourage retirement
of eligible employees
- 67 employees eligible as of 2012
. County feasibility comparison for Police and
Fire services expected July 2012
. Police feasibility study expected August2010
VEHNON MEANS BUSINESS
52 Square i#ler ' l,S00Companier . 55,000Workers ' 14.5 Billlon Private Ernployer Payroll
REVENUE ENHANCEMENTS
o Sale of assets
Pechiney
- Tehachapi wind project
o Market rates for housing
- $700 - $1,700 per month
o Providing public safety services to
neighbori ng cities to generate additional
revenues
VEHNON MEANS BUSINESS
52 Squere l#lst ' 1,800 Companios . 55,000 ltt/orkors ' 14.5 Billion Privato Ernployor Payroll
OTHER FACTORS
o A few other factors that could
positive impacts on the City's
be discussed at this time due
confidentia! ity reasons.
o Service Levels Maintained
Demand for City services remains
o Calls for City services has not decreased
have significant
budget cannot
to
. City has maintained service levels in spite of cuts
Ve
CAL!
City of VEHNON MEANS BUSINESS
52 Squaro Mller , 1,800 Companiet , 55,000 Workers . 145 Billion Private Employer Payroll
EXHIBIT D
MINUTES OF THE REGUI,AR CITY COI]NCTL MEETING OF THE
CITY OF VERNON HEI,D TT'ESDAY, DECEMBER 17, 2013, IN THE
COUNCIL CHAMBER OF THE CTTY HALL LOCATED AT 4305 SANTA
FE AVENUE, VERNON, CAIIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Ybarra, and
Marti.nez
MEMBERS ABSENT: none
The meeEing was cal1ed Eo order at 9:00 a.m. by Mayor McCormlck.
Mayor Pro-Tem Davis led the flag saIutse.
CHA}IGES TO THE AGEIIDA
Mayor McCormick announced that there are no changes to the
agenda.
PUBI,IC COMMEITT
Mayor McCormick announced that this was the time allotEed for
public comment, and ingulred wheEher anyone in the audience
wished to address the City Council.
Southeast political activist for those afflicted by multiple
sclerosis ("MS") Sandra orozco introduced herself as the
waEchdog for the cities of Maywood, BelI, lluntington Park and
now Vernon.
orozco reported on her past activist efforts. She distributed
to the Council various articles that she thoughts were of
interest, or had personally been involved with. She expressed
her int.ent to atEend future Vernon City Councit meeEings and
thanked all for their tsime.
PRBSENTATIONS
L. Personnel Matters - Service Pin Awards
Mayor McCormick recognized Meter Reader Wilfredo Lopez, Police
Officer Michael Docherty and Polj-ce Officer Ana Quinones for
their many years of service as t.hey could not attend the
meeting.
2. PreEentatioa by the Flre Chief on the Los Angeles County
Fire and Para.rredLc Feasibility Study.
Fire Chief Michael wilson presented on an analysis of the
feasibility for the provisions of fire protecEj-on, paramedic,
and incident servi-ces.
Wj-1son presentsed Ehe Vernon Fire Department's all risk approach
and data on annual incidenE responses. fnformation on the
dedicated staff and equipment were presented.
The Los Angeles County Fire Department ("LAcoFD") regional
approach was presented. Wilson noted tshe reduction Eo three
fire stations versus Ehe current four within 1-5 miles of
Vernon's cenEer should LACoFD provide services to vernon.
Regrular City Coupcil Meeting Minutses
December L7, 2013
Wilson present,ed a comparison of hazardous mat,erial se:rzi.ces and
urban search and rescue between the City of Vernon and ITACoED.
Wilson noted Vernon's Class 1 rating versus ISCoFD's Class 4 and
its effects on insurance cosEs.
Wilson highlighted the benefitss of local control iocluding
response flexibility and cost control.
Director of Finance William Fox presenEed data from the Los
Angeles CounEy Auditor-Contsroller ReporE comparing fire
distrigts' fund balance. AddiEional data on LAcoE'D's projected
finances were presented. Fox cctncluded thaE projecEione
indicate thats LACoFD will need a rate adjustmenE to address the
budget shortfall; this will mosts tikely be accomplished Ehrough' coEt cutting or increased revenue efforts.
Fox presented Vernon Fire DeparEmenE's revenue and elPenses for
fiscal year 2013-2014. Fox advised that based on Ehe current
data and LAcoFD's proposal, it is more cost effective for the
Clty to keep its services than to ouEsource. Additionally,
revenues would go to the County and not the City. In a 1o-year
projection of yearly costs, Fox noted further savlngs by keeping
the vernon Fire Department.
Fox highlighted various IJACoFD conEract concerns. He
recommended EhaE if a tsransition to LACoFD senrices i-s
conEidered, furtsher contract negot,iationg should occur.
Wilson conctuded tshe presentsation, recommending that Ehere be no
changes to the current service structure and thaE Ehe LoE
Angeles County Feasibility Study be received and filed-
.ry In response to Councilmember Maiaalo, Wilson suspecEs that the'Irl incident response time will incfease, as there will be one less
::ii Fire SEation a.rrd coverage concernE if services are provided byri' LAcoE'D. Fox further added that the iesPonse time is one of the
elements in factoring business insuralxce premiums. He noted
that LACoFD has a Class 4 rating.
In response to Mayor Pro-Tem:Davi6, Wi}son report,ed on the
vernon Fire Department'9 niutual a.i.d responees.
IndependenE Reform Monitor ilotrn Van De Kamp was pleaeed with the
presentation. He suggested giving IJACom an opPortunity to
comment on the report. He agreeg that no acEion should be taken
Dean Richens representing Ehe vernon Firemar's Association is in
i agre-emenE with the reporE; however, he advised Ehat Ehe- information on Vernon's budget rdoes not capEure capital
expenses. He e:<plained that three of the Fire StationE are over
50 years o1d and are in need of repair; addit.ionally, there is
an ageing fire fleet.
Richens opined that tshe Vernon Fire D€partment's budget needg Eo
be bigger. For corEParison ptrrpos6e tr€ reported on other fiie
departhent's budgets and their class raEing. He added Ehat
Ehdre has been a suep increaEe freeze for the laet five years'
He undereta[de thaE the City hbs'birdget concertrs, buts advised
that the6e are things thaE need to be conEidered.
Page 2 of 14
Regular City Council Meeting Minutes
December L7, 201,3
In response to Mayor McCormick's inguiry on whetsher there was a
representative of LACoFD in attendance, Wilson advised Ehat. a
representative was invited to the meeting but that tshere was
none present.
It was moved by Davis and seconded by Maisano to receive and
file the report. Mot.ion carried, 5-0.
PI'BLIC HEARINGS
1. Public corurent on Ehe approval of Ehe proposed Ordinaace
adopting Building and Fire Codes.
Ordinance No. 121? - An Ordinance of the City Cor:ncll of
tshe City of Vernon amendiag various oections of Chapters
7, gire Regulations and 24, Butlding and constsruction, of
the Vernon Murrlcipal Code, along with amendments,
addit,ions and deletions aad adopting by reference the
following eodes: (1) the 2013 California Fire Code, 24 CCR
Part 9, (2) the 2013 California Building Code, 24 CCR Part
2, (3) the 2013 California Electrical Code, 24 CCR Part 3
(4) Ehe 2006 Edition of the ICC Eleetrical Code
Administrative Provisions; (5) the 2013 Caltfornia
Mechanical code, 24 ccR Part, 4; (6) the 2013 california
Plnmblug Code, 24 ccR Part 5i (7) the 2013 california
ExJ.sEing Buildlng Code, 24 CCR Part 10, (8) the 2012
Internatioaal Existing Bullding Code, (9) the 2013
California Residential Code, 24 CCR Part, 2.5; (10) Ehe
2013 California Green Building StaDdards eode aIBo ca11ed
the Calgreen Code, 24 cCR Part 11; (11) the 2013
California Energy Code, 24 CcR Part 6; repealing all prior
ordinanceE and parts of ordinances in conflicts therewith
and making express findinge .nd deEermLnaEions that
modificat,lons to said codee are reaaonably necessary
because of local cIi-matic, geological or topographical
condlEions (second reading) .
Recomnendat.ion:
(1) Finds that Ehis action is not subject to the
California Environmentat Quality AcE ("CEQA") as
follows: The ordinance is not considered a "projecE"
under CEQA which is defined as a whole of an action
directly undertaken by a pubIlc agency which has the
potential for resulting in either a direcE physical
change in the environment or a reasonably foreseeable
indirect physical change in the environment.
Guidelines section 15378(a); Ca1. Pu.b' Res. Code
section 2:-065. Under tshe proposed ordinance, no such
activity is being undertaken. Even if the ordinance
were to be considered a "project" under CEQA, which is
not Ehe case, ttre ordi-nance would be covered by Ehe
general rule seE forth in CEQA Guidelines Section
15051(b) (3) which provides Ehat CEQA applies only to
projects which have Ehe potential for causing a
significant effecE on the environment. Where it can
be seen wj-th certainty that there is no possibi-Iity
that the activity in question may have a significant
effect on the environment, the activity j-s not subject
to CEQA. Here, the ordinance involves the adoption of
state-mandated construction codes, and the revisions
Page 3 of 14
Regular City Counci-1 Meetj-ng Minutes
December l'7 , 2013
to those codes merely improve the safety of buildings
and will noE have any effect on the environment.
(2) Adopt ordinance amending various sectj-ons of Chapters
7 and 24 of the Vernon Municipal Code, along wiEh
amendments, additions and deletions and adopting by
reference the following codes: (1) the California Fire
Code, 24 CCR Part 9; (2) the 2013 California Building
Code, 24 CCR Part 2; (3) the California Electrical
Code, 24 CCR Part 3 and the 2005 Edltion of the TCC
El-ectrical Code Administrative Provisions; (4) the
2013 California Mechanical Code, 24 CCR ParE 4; (5)
the 20L3 Californla Plumbing Code, 24 CCR Part 5; (5)
the 20L3 California Existing Building Code, 24 CCR
Part 10; (7) Lhe 2Ol2 International Existing Building
Code, (e) Ehe 2013 California Residential Code, 24 CCR
Part 2.5; (9) Lhe 2013 California Green Building
Standards Code also cal1ed the CALGreen Code, 24 CCF.
Part 11; and (10) Ehe 2013 California Energy Code, 24
CCR Part 5.
Director of Community Services and Water Kevin Wilson reported
on the sEate's adoption of codes i.n 2013.. The codes will be
effective .fanuary a, 20a4. Wilson advised thaE the City has Ehe
option to amend the codes.
Vernon was active wiEh the Code council throughout the years and
made various recommendations before its approval by the staEe.
Witson recommends adoption of the state codes as it provides
regional uniformity since i-t is supported by most jurisdictions.
Wil-son noted vari-ous amendments to the state codes which are
captured in Ehe recommended ordinance.
Fire Chief Michael Wilson also recommended adoption of the
California codes as it relaEes to Fire.
In response to Councilmember Ybarra, Chief Wilson advised that
there is.no impact to the businesses or residents. Notification
of the proposed was pr:-blicized. Wilson additionally clarified
that the proposed codes would apply to permits submit,ted afEer
.lanuary 1, 2014, al-1 other existing permits are grandfathered
under the respecEive codes until they are alEered.
Deputy CiEy Attorney Scott Porter clarified Ehat the ordinance
witl noE go int,o effects until 30 days after iEs adopEion daEe.
Mayor Pro-Tem Davj-s sought clarification tso one of the proposed
code amendments. Wilson promised to look further into the
inguiry.
At 10:10 a.m., Mayor McCormick opened the pubIlc portion of the
public hearing on the approval of Ehe proposed ordinance
adopting the Building and Fire Codes. with no public comment,
at 10:10 a.m., Mayor McCormick continued the public hearing to
later in the meeting to aLlow staff time to fo1low up on Mayor
Pro-Tem Davis' inguiry.
The public hearing was reopened at 10:30 a.m. in order tso
address Mayor Pro-Tem Davis' inquiry.
Page 4 of 14
Regular City Council Meeting Minutes
Decemlcer L7 , 201-3
Wilson advised that. t.here $ras an error in Ehe Staff Report, as
not.ed by Davis, buE Ehat the correct informat.ion is reflected in
the proposed ordinance.
At 10:32 a.m. Mayor McCormick closed the public hearing.
It. was moved by Maisano and seconded by Martinez to adopE
Ordi-nance No. 1217. A ro11 calL vote was taken:
- Cor:ncilmember Martinez, yes
- Councilmember Ybarra, yes
- - Councilmember Maisano, yes
- Mayor Pro-Tem Davis, y€s
- Mayor McCormick, yes
Motion carried, 5-0.
CONSEIIE EAIJEIIDAR
IE was moved by Davis and seconded by Mart.i-nez to approve the
maEters listed on the Consent Calendar as Presented. Motion
carried, 5-0.
Claime Againet the Clty (to be received and flled)
1. None
Warrant Registsers
2. Ratification of LighE and Power Warrant RegisEer No' 354
to record voided Check No. 510409 in the amount of
sl"r 7 73.a--, ,
r, 3. Approval of Cit.y Payroll Warrant Register No. 590,
:'r, tsotsaIing 52,39'7,728.33, which covers tshe period of OcEober
20, 2OL3, through Novemlcer L6, 2013, and consists of t,he
following:
a. Ratification of direct deposits, checks and taxes
totaling $l ,7'72, 158 .31; and
b. Checks and electronic fund transfers Eotaling
$625 ,57O .02 .
4. Approval of City warrant Register No. 1391, totaling
i733,842.?9, which covers t.he period of November 25, 20l-3,
through December 9, 2013, and consists of the following:
a. Ratif ication of wire transfers totaling S4'7L,142.'78;
and
b. Ratification of Ehe issuance of early checks totaling
$53, 095.02; and
c. Authorization co issue pending checks totaling
$209, 503 . 99 .
5. Approval of Lj-ght & Power warrant RegisEer No. 355,
toEaling 92t956,529,03, which covers the period of
November 26, 20a3, through December 9, 2013, and consists
of the following:
a. Ratification of wire transfers totaling 52,895,632-6l..i
and
Page 5 of L4
Regular City Council Meet,ing Minutes
December 17, 2013
b. Ratification of tshe issuance of early checks totaling
S8, 059.19; and
c. Authorization to issue pending checks totaling
i52,*7 .23 .
6. Approval of Gas warrant RegisEer No. 144, totaling
$2,292,960.95, which covers t,he period of November 25,
2013, Ehrough December 9, 2013, and consists of t.he
following:
a. Rat.iflcatj.on of wire Eransfers Eotaling $2,282,337.64;
and
b. Ratification of the issuance of early checks totaling
$340. 00; and
c. AuthorizaEion to issue pending checks totaling
$1-0,283.31.
Community Servicee and Water Department
7. Building DeParEment Report for tshe monEh of November 20:.3,
to be received and filed.
Finance Department
8. Resolution No. 2013-100 - A Resolution of tshe Clty Council
of tshe City of vernon approving and adopting an updated
E:q)eDse Reirnbureement Po1icy for certain erqrenaes of City
Councll Membere and City Employees and repealing
ReeoluEion No. 2013-84.
RecommendaEion:
(1) Find thats adopEion of the proposed resolut,ion updating
t.he Travel and Expense Reimbursement Policy is exempt
under the California Envj-ronmental QualiEy Act
("cEQA") in accordance witsh Section 15061(b) (3), Ehe
general rule that CEQA only applies to projects Ehat
may have an effect on tshe environment; and
(2) Approve the resolution which provides additional
clarification related to mi-Ieage reimbursement. The
modifications recommended are needed Eo clarj.fy Ehe
approprj-ate calculation of reimbursable mileage both
for mid-day driving and driving to and from
destinations other than the normal work location.
Fire Departments
9. Act,ivity Report for the period of November 16, t.hrough
November 30, 2013, to be received and filed.
Health and Environmental control Department
10, November 2013 Monthly Report, to be received and filed.
11. Ratify Authorization for Extenaion of Contract, wiEh
California Environmental ProtecEion Agency and Vernon Citsy
Environmental Health CUPA AgreemenE No. G10-UPA113 -
AmeDdlrent 2.
Recomrnendation:
(1) Find thaE approval of tshe forms of
related documents are exempt under
Environmental Quality Act ("CEQA")
contracts and of
the California
in accordance with
Page 5 of L4
Regular City Council Meet.ing Minutes
December 17, 2013
Police Department
12. Activity Log and Statistical
Activities for t,he period of
30, 2013, to be received and
NEW BUSTNESS
section 15051(b) (3), the general rule that CEQA only
applies to projects that may have any effect on the
environment,' and
(2) Ratify the contract extension with California
Environment.al Protect!.on Agency.
Sumnary of Arrest and
November 16, through November
fi1ed.
City Adninistration Departments
1. Approval of Aneudment No. 1 t.o the Agreement witsh Solari
Bntserprises, Iac. for Third Party Property Management
Services of A11 city of Vernon Owned HousJ.ng tso Increase
Ehe Total Contract AmounE.
Reconnendation:
(1) Find tshaE approval of the proposed award of a conEract
for third party propert.y management services is exempt
under tshe California EnvironmenEal Quality AcE (CEQA)
in accordance with section 15051(b) (3), the general
rule that CEQA only applies to projects that may have
an effect on the environment,' and
(2) Approve Amendment No. 1 to the June 1, 2013 Services
Agreement with sol-ari Ent.erprises, Inc. (in
subslantial1y the same form submitted) for third party
residentsial property management services for all City
of Vernon owned residential properties to increase the
total not to exceed amount of the Agreement to
s5s, 000.
Assistant to City Administrator Kristen Enomoto reported on the
contracting of Solari Enterprises, Inc. ("Solari") by the Vernon
Housing Commission ("VHC") as the third party property
management firm for City owned housing. she noted Ehat at the
time it was uncertain what the repair and mainEenance costs and
needs would be. The VHc's maximum authority for agreemenEs is
$25,OOO; Solari's agreement was approved pursuanE to thj-s
trhreshold.
The CiEy has since found Solari's labor and equipmenE raEes to
be more cost effective or comparable tso that of the City's. rn
review of the activity over the Last six months, tshe average
monthly cost is $3,500 which also captures unit turnover cost.
Enomoto reported on the cost breakdown. A $40,000 increase to
the Solari agreement is requested. The amendment is being
addressed at the City Council meeEing as t.he cost exceeds the
wIC's authoricy.
Councilmember Ybarra expressed his concerns on whether the costs
are being accounted for and inguired whether there was a flat
fee. In response, Director of Community Services and Water
Kevin Wilson advised that sEaff is establishing procedures and
tracking costs. Enomoto noted the one-year agreement. There
were a 1ot of uncerEainEies when the contract was approved, the
limited one-year ag'reement witl a11ow staff to assess and
Page 7 of 14
Regular City Council Meeting Minutes
December 1-7, 20]-3
revisit the services at the term of the agreement. Enomoto
explained Ehat high costs for each mohth are not anti-cipated.
Enomoto reported on the VHC's desire for the HuntingEon Park
("HP") uni-ts to be sold. Additionally, there was discussion on
t.he bifurcation of Ehe HP uni-ts from the Vernon rrnits. The
mat.t,er wi-Il be discussed furtsher at t.he next VHC meeting. The
VHC called specific aEEention to the high costs associaLed with
the HP uni.t turnover which is included in t,he amendment cost
request.
Mayor Pro-Tem Davis advised that tshe City is saving on costs by
outsourcing the work to Solari buE inguired how the response
t,ime is affected. In response, Enomoto explained that there
are some instances where Solari 1s not equipped to perform the
' service. In which case, the city will address the need, or
further contracted the work. However, Enomoto advised that
Solari is equipped Eo address mosE of the basic repairs. Wilson
advised that there are few cases where Ehe CiEy did not agree
with the Solari prices and instead conducted the work
themselves.
In response to Mayor McCormick, Enomoto advised that if Solari
is negligent, further response to the issue would not be
rebil1ed. The City is billed for work being done. The flat.
managements fee covers the visit tso assess the issue.
It was moved by Ybarra and seconded by Maisano Eo approve
Amendment No. 1 to the Solari EnEerprise, Inc. Agreement for
third parEy propert.y managemenE services for all City owned
housing. Motion carried, 5-0.
li' Fire Departments
rll::
'i:,:' 2. Approve the Urban Area security Init,latsive ("UASa') 2Ol-2s Purcbase of Personal Protective Clothlng for the Fire
Department.
RecommendaEion:
(1) Find that approval of Ehe proposed purchase is exempt
under the California Environmental Quality Act
("CEQA") in accordance with Section 15051(b) (3), Ehe
general rule that CEQA only applies to projects thaE
may have an effect on Ehe environmenE,' and
(2) Authorize the Fire Department to purchase sixty-six
(55) sets of Eurnouc gear, consisting of a turnouc
coat and turnout pants from L.N. Curtis & sons in Ehe
amounE of $137,441,.3'7, and find that doing so is
exempt from the public bidding requirements pursuant
to Vernon Municipal Code 2.L'?.1-2 (A) (5) . A1I but
$25,999.3? of thj-s amount would be reimbursable
through federal grant funds.
Fire Chief Michael Wilson explained that the Department was
successful in convert.ing training grant funds to equipment grant
funds. The City will be responsible for approxlmateiy $26,000
of this purchase. The proposed compJ-ies with the City Code,' the
purchase is exempt. from the public bidding process as Ehe City
is uslng Laguna Niguel's purchase in order Eo plggyback a lower
rate.
Page I of )-4
Regular City CounciL Meet.ing Minutes
December L7, 20L3
Although not. required, quoEes for similar equipmenE were
obtained; they confirmed that the proposed equj-pment cost j-s
reasonable. L.N. Curtis & Sons was selected as t.he vendor, they
have been used in the past, and their equipment j-s superior.
Wilson explained the need for the equi.pment as they have a
limit.ed lifespan. Normal replacement and equipment cost for the
year is approximately $18-22.000. Wilson recommends approval as
this provides inventory for all.
IE was moved by Ybarra and seconded by Maisano Eo approve Ehe
Urban Area Security Initiative 2012 purchase of personal
protective clothing for the Fire Department. Motsion carried,
5-0.
Healtsh DepartmeDt
3. Request for AuChorizatsion to Receive and Spend Grant
Fr:lding for the Beverage Container Reeycling and Litter
AbaEemenE Activities (City/County Payment Program) FY
20L3-20L4.
RecommendaEion:
(1) It is recommended that the City Council find that
approval of the request for authority to receive and
spend grant funds are exempt from the California
Envj-ronment.al Quality Act ("CEQA") in accordance with
Seccion 15051(b) (3), the general rule that CEQA only
applies to projecEs that may have an effect on the
environments; and
(2) In addition, iE is recommended that the CiEy Council
adopt the request for authority to receive and spend
grant funds under the Beverage Container Recycling and
LitE.er Abatement Activities for FY 201-3-2014.
Director of Health and Environmental Control Leonard Grossberg
advised that the Department applies for the grant every year and
uses the funds to promot,e recycling programs. As done in the
past, contractor K,f Services will be implementing the
activiEies.
In response to Mayor McCormick, Grossberg reported that the
grant is for $5,000.
It $ras moved by Davis and seconded by MarEinez Eo auEhorize Ehe
receiving and spending of granE funds for the Beverage Container
Recycling and Litter Abat,ement AcEiviEies. Motion carried, 5-0.
Llght and Power Department
4. Reque6t Approval t,o Pursue Request for Informatsion foi
Wind and Solar Eaergy Project in Vernon Onsred [ilawbone
Canyonl Fee Land8.
Recommendation:
(1) Find that the approval requested is exempt under the
California Environmental Quality Act ("CEQA") in
accordance with CEQA Guidelines Section 15051(b) (3),
the general rule that actsions tshat have no effect on
the environment are exempt from CEQA, because Ehe
proposed Reguest for Information ( "RFI" ) is noE an
approval or commitment by the City of vernon Eo engage
Page 9 of 7,4
Regular City Council t"teeting MinuEes
December ]-7, 20]-3
in any project or to pursue any defined course of
action; and
(Z) authorize staff to issue a Request for Information
("RFI") Eo solicit informaEion from third parties Eo
al1ow the city to assess its options for the
development of the [,fawbone CanyonJ siEe as a wind
farm or combination wind farm and solar farm (the
"Project"). The RFI may identify potentiaf bidders
and/or developers for a possible futsure Request for
Proposal ("RFP"). The RFI is not a solicitation or
request for proposals t.hat will result in a
contractual relationship with the city of vernon or
commit Lhe City to enter into a further agreement with
any responding party.
Director of Light and Power Carlos Fandlno announced that the
Fee Lands are not located in Tehachapi but located in ,fawbone
Carryon, He directed that. the Fee Lands and reference to
Tehachapi be corrected to irawbone Canyon ("Jawbone"). Tehachapi
should be stricken from the Staff Report and RFI on Ehe proposed
and replaced with Jawbone.
Fandino explained that the purpose of the RFI is to solicit
third party vendors to present new technology to Vernon. The
City could then assess what it could develop in the region in
order to fulfiIl the renewable portfolio standards ("RPS").
In response to Mayor McCormick's inguiry on construction costs
and timing, Fandino explained that Eechnology informaEion is
being requested.
Fandino confirmed for Councilmember Ybarra that no negotiation
or commitment is being requested.
In response Uo Councilmember Maisano, Fandino advised that
RFI ouElines the lnformati-on that the City is looking for.
It was moved by Ybarra and seconded by Maisano to approve
Request for fnformation for Wind and Solar Energy ProjecE
Vernon owned [ilawbone CanyonJ Fee Lands. Motion carried,
the
the
in
5-0.
DISCUSSION ITEMS AIID POSSIBLE DIRECTMS TO STAFF
1. Discuseion of Proposed Draft Ordinance to Establish the
VernoD CoTNnITNITY Fund Grant Committ,ee.
Reconrnendation:
(1) It is recommended that the City Council hold a
discussion regarding the proposed draft ordinance to
esEablish Ehe vernon CommUNITY Fund Grant Committee.
The draft ordinance is nearly complete and staff
believes this would be an appropri-ate Eime to receive
feedhack and any further di-rectives from the City
Council, as well as any feedback from t.he publi-c,
prior Lo finalizing and presenting the ordinance for a
first reading on alanuaq/ 2!, 2014.
Legal Counsel Dana Reed reported on the project process
originally the Environmental and Comniunity Benefits Fund, Ehe
Vernon CommUNITY Fund ("VcF") was approved in Augusts of 2013
which set forEh parameters for the grants committee. Jemmott
Page l-0 of 1,4
Regular City Council Meeting Minutes
December l'7, 20L3
Rollins Inc. (".Jemmott") was contracted to assist with Ehe
proj ect.
The proposed draft, ordinance incorporates the VCF parameters and
procedural safeguards from the Vernon Housing Commj.ssion
Ordinance. Wit.h the assistance of ;femmott best practices were
incorporated. Reed noEed t.hat the VCF made no financial
commitment.
Reed reported and explained che Ewo classifications of ellgible
granE fund reci-pienEs. He reported on the duties of Ehe
Executive Director which includes the review of applications to
determine eligibilit,y. The goal is to ensure that Ehose
applicants considered are real and capable of achieving goaIs.
Reed reported on t,he proposed process if applicanEs are found to
be ineligible.
There are two criteria for the allocation of funds, Reed
explained that at least 25>" of funds should be awarded to
capital projecEs wiEh tife expectancy of at, least 10 years. The
rest of the funds can be awarded to core service projects. BoEh
of which must serve the community.
The grant committee will meet twice Per year to review
applications from the eligibility pooI. The applicaEion is
submitted online in an open and transparent Process.
Reed reporEed on the eligibilj-ty crlteria for grant recipients.
He noEed Ehe substantial confLict of interest procedures.
Reed hopes t.hat the VCF will be a model for these types of
i; activities. Staff is working diligently Eo address open ended
,i.!t concerns in order to present Lhe final ordinance for its firsE
#: readJ-ng. Reed advised that the applicat.ion websitse will ready*ti early next year.
In response to Council-member Ybarra, Reed further clarlfied the
allocation of funds.
In response tso Mayor McCormick, Reed advised t.haE the Grant
Committee will be subject to the Brown Act requirements. A
minimum of four affirmative voEes is necessary to award funds.
Reed further advised that the Committee will be made up of
members as outlined in Resolution No. 2013-75. Jemmott has
begun identifying gualified representatives for an eligibility
list.
Independent Reform Monit.or John Van de Kamp sought clarification
on whether the Executive Director j.s the City AdministraEor and
whether the funcEions would be delegated Eo staff. CiEy
Administrator Mark Whitworth confirmed and advised that there
would be a right hand person to ensure the Process is followed
through.
Van de Kamp noted that funds for multiple year grants must be
availalcle within the approval year's budget. He opi-ned thats
trhis could timit the VCF and asked staff to reconsider the
restriction.
In response tso Councllmember Ybarra, Reed explained t,hat, Ehe
$250,000 award limit applies to a single service grant. The
limit does not apply to capital projects.
Page l-L of L4
Regular Citsy Council Meeting Minutes
December 17, 2013
fn response to Van de Kamp, Assistant to City AdministraEor Alex
Kung confirmed that design costs would be considered part of a
capital project. Di.rector of Community Services and Water Kevin
Wilson further confirmed that design acquisit.ion of property is
considered part of capiEal costs.
Councj.lmember Ybarra opined t,hat the draft ordinance was good as
presented.
ORAI, REPORTS
Police Chief Daniel Calleros reported on the discovery of
narcoti-cs which were attempted to be shipped on December 6,
2013. The lnvestigation is on-going; Detectives wil-I be
conductj-ng further j-nvestigation as to the person making the
shipment.
on December 14, 2013, patrol staff conducted a DUI checkpoint i-n
the area of Santa Fe Avenue and 38th street which resulted in
one DUI arresE. The operati-on was funded through grant funds
provided by the office of Traffic SafeEy.
Calleros advised that over t.he past few weeks patrol staff have
observed a number of vehicles cruising t,hrough Ehe City on
Sunday nights from approximately ?:00 pm to midnight.. Patrol
staff i-s working with Los Angeles Police Department to address
the issue, conducting traffic enforcement to suppress the
cruising.
On December 16, 20L3, patrol staff investigaEed a traffic
accident involving a transportation van and Metro bus. A power
pole was severely damaged. several bus passengers were
transported Eo 1oca1 hospitals but with non-life threatening
injuries. rhe cause of the traffic accident is sti11 under
invest.igaEion.
Calleros Ehanked the Council for the additional holidays and
wished all a safe holiday.
Captain Michel Gillman reported vandalism on a bus shelter.
Mayor Pro-Tem Davis reported vandalism on Slauson Avenue on the
corner of Boyle Avenue. Mayor McCormick reported vandalism on
the traffic control box out.side City HalI.
Fire Chief Michael Wilson reported on t.he Spark of Love toy
drive efforts and the distribution of the toys. Wilson reported
on the passing of Ewo retired Fi-re personnel, Thomas Lee Scott
and Don Comlcs.
Wilson reported on the confj.ned space t.raining for December.
Wilson advj-sed thaE the Fire Departments had also responded to
the traffic collision between the transportation van and Metro
bus on December 1-6, 201-3. On December 7, 2013, crews responded
to a security guard that was trapped under a wrought iron
security gaEe. The patient was Eransported to USC Medical
CenEer.
Director of Community Services and water Kevin Wilson provided
an update on the housing project, advisi-ng that consEructj-on
plans had been received and sent for review. Wilson noted tshat
staff had a few commenEs on the plans but that most of the
Page 12 of 14
Regular Cit,y Council Meeting Minutes
December l'7, 201,3
criteria had been met. Staff is working with Health and
Environmental Cont.rol to get closure on the site from the
DepartmenE of Toxic Substances Contrql.
Director of Light and Power Carlos Fandino reported on Ehe
traffic collision between the transportation van and Metsro bus
on December J-6, 2013. Petrelli crews also responded and were
able Eo troubleshoot and reenergize the circuit. The damaged
power pole was replaced; the power outage lasted approximately
one hour and thirty minutes.
Fandino reported on the completion of Ehe firsE sEage of the
Substation Circuit Breaker Replacement Project.; bond money is
being used for the installation.
Fandino reportsed on the incident of March 25, 20L2, wherein
heawy rain and extreme winds damaged 15 power poles along the
Los Angeles River ("LA River"), ten on which were Citsy of
Vernon's. After the incident, the LA River Project began to
protect and increase reliability of source Eransmission lines
along the LA River. Fourteen poles have been replaced using
capit.al funds; Ehe project was completed in three stages to
minimize customer interruption.
Finance Director William Fox reported on the distribution of
business license Eax forms. Fees are due by Ehe end of aranuary
20I-4. Fox advised that the actuarlal report for the financial
audit is sEill pending, but not.ed thaE the City will not mj-ss
any filing requirements as a resulE.
Director of Health and EnvironmenEal Control Leonard Grossberg
reported on the conEinue monitoring of Ehe Exide Technologies
issue. He announced the Sustainable Development and Energy
Efficiency Commission on January 18, 2013, at 3:30 p.m.
Human Resources Director Teresa McAllister reported on Ehe
conclusion of the health and benefits open enrollment. She
announced that the classification and compensation study will be
presented at, the nexE City Council meeting. Implement.ation will
take place after the required negotiat,ion of all Ehe bargaining
units. She wl-shed all happy and safe holidays.
Mayor McCormick thanked McAllister for coordinating Ehe holiday
party as it was a good morale booster.
Assist.ant Eo City AdminisErator Alex Kung reported EhaE Whole
Food's Board of Directors had approved the purchase of the
Angelus Can property. The closing of the sale should occur
within Ehe nexE week.
City Adminj-strator Mark Whitworth reporEed on the Advisory
Committee on Electrj-c Rates Meetsing held on December 4, 201-3.
Additionally, he reported on tshe Vernon Housing Commission
Meeting held on December 11, 2013.
Whitworth reported on his and staff's atstendance to a Mayrood
City Council meet.ing. IIe congratulated Kung on the near
completion of the sale of the Angelus Can property.
Whitworth announced the nomj-nation period for Ehe April 2014
Election. The nexts issue of the Vernon Quarterly will be out by
Page 13 of 14
Regular CiEy Council Meeting Minutes
December L7, 2013
the end of tshe year. Independent Reform monitor afohn Van de
Kamp w111 be completing his six-month report, early 2014.
WhlE.worth announced the California ContracE Cities Association
47th Annual Sacramento Legislative Tour in Sacramento and
encouraged all Department Heads and Councilmembers to atEend.
Today's meeting addressed significant issues, whitworth thanked
all for their work and input. He reminded all t,hat t.he January'7, 20l-4, City Counci-l meeting is cancelled. He thanked the City
Council for the approval of the additional holidays in the
upcoming weeks and wished all happy holidays.
The City Council echoed the holiday wishes.
Wlth no further business, atr 11:42 a.m., Mayor McCormick
adjourned Ehe meeting.
Mayor
ATTEST:
Deputy City Clerk
Page l-4 of 14
t^i. i"Iichael McCormick